GENERAL TERMS AND CONDITIONS

(continued)


 


 

40. DISPUTE RESOLUTION


 

Any disputes, controversies or claims that arise between the Parties

(the "Disputing Parties") relating to a Service Agreement (a

"Dispute") shall be resolved by means of the following procedures:


 

(i) FERC. Once a Dispute has been presented to the FERC, neither

Disputing Party may seek relief in any other forum. In the event

that FERC disclaims jurisdiction or disclaims primary jurisdiction

over a Dispute, the Dispute shall be resolved through arbitration in

accordance with the provisions of clause (ii) below.


 

(ii) Arbitration. Any Dispute that is not resolved pursuant to clause

(i) above shall be finally settled by arbitration as follows:


 

(a) Any such Dispute shall be submitted to binding arbitration by the

International Chamber of Commerce ("ICC") for arbitration in New

York, New York, in accordance with the ICC's commercial arbitration

rules then in effect, except as more particularly provided herein.

The Disputing Parties agree that an officer or other representative

with authority to resolve the Dispute for each Disputing Party shall

attend the arbitration. There shall be three (3) arbitrators, with

each of Pipeline and Shipper, or their successor in interest if

applicable, selecting one. The third arbitrator, who shall be the

chairman of the panel, shall be selected by the two Disputing Party-

appointed arbitrators. The claimant shall name its arbitrator in

the demand for arbitration. The third arbitrator shall be named

within thirty (30) days after the appointment of the second

arbitrator. The ICC shall be empowered to appoint any arbitrator

not named in accordance with the procedure set forth herein.


 

(b) The Disputing Parties will endeavor to agree on the scope of

discovery in respect of any Dispute. If the Parties cannot agree,

then the arbitrators shall rule on all requests for discovery and

disclosure and discovery shall be completed within sixty (60) days

of the date on which the third arbitrator is appointed ("Arbitration

Commencement Date"). The arbitrators shall issue a final ruling

within ninety (90) days of the Arbitration Commencement Date. The

ruling of the arbitrators shall be