ARBITRATION 6. 2.1 If either the Employer or the Contractor is dissatisfied with the Board‘s decision, then either the Employer or the Contractor may, in accordance with Sub-Clause 6.1.5, give notice to the other party of its intention to commence arbitration, as hereinafter provided, as to the matter in dispute, and no arbitration in respect of this matter may be commenced unless such notice is given. The arbitral tribunal shall have full power to open up, review, and revise any decision, opinion, instruction, determination, certificate, and any Recommendation(s) of the Board 6. 2.2 Any dispute in respect of which a notice of intention to commence arbitration has been given, in accordance with GCC Subclause 6.2.1, shall be finally settled by arbitration. Neither party shall be limited in the proceedings before such arbitration tribunal to the evidence nor arguments put before the Board for the purpose of obtaining his Recommendation(s) pursuant to Sub-Clause 6. 2.1. No Recommendation shall disqualify the Board from being called as a witness and giving evidence before the arbitrator(s) on any matter whatsoever relevant to the dispute Arbitration may be commenced prior to or after completion of the Works and Services.
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Sources: Performance Based Road Contract, Performance Based Contract