Common use of GENERAL DISPUTE RESOLUTION Clause in Contracts

GENERAL DISPUTE RESOLUTION. 26.1.1. Any dispute of whatsoever nature which arises out of or in connection with this Agreement, including any dispute as to the validity, existence, enforceability, interpretation, application, implementation, breach, termination or cancellation of this Agreement or as to the Parties’ rights and/or obligations in terms of this Agreement or in connection with any documents furnished by the Parties in terms of this Agreement, shall be submitted to binding arbitration before a single arbitrator in terms of this clause 26 (Dispute Resolution) and, except as otherwise provided herein, the rules for the time being as stipulated by the Arbitration Foundation of Southern Africa. 26.1.2. The arbitrator shall, if the dispute is: 26.1.2.1. primarily an accounting matter, be an independent practising accountant of not less than 10 (ten) years’ standing as such; or 26.1.2.2. primarily a legal matter, be an attorney of not less than 10 (ten) years’ standing as such or a practising senior counsel. 26.1.3. Such arbitrator shall be agreed upon in writing by the Parties; provided that if the Parties do not, within 3 (three) Business Days after the date on which the arbitration is demanded, agree in writing as to the nature of the dispute and the identity of the arbitrator, the arbitrator shall, irrespective of the nature of the dispute, be appointed by the Chairperson of the Arbitration Foundation of Southern Africa or its successor-in-title upon request by either Party to make such appointment after expiry of such 3 (three) Business Days. 26.1.4. The arbitration shall be held as quickly as possible after it is demanded with a view to it being completed within 60 (sixty) Business Days after it has been so demanded. 26.1.5. Promptly after the arbitrator has been appointed, either Party shall be entitled to call upon the arbitrator to fix a date when and where the arbitration proceedings shall be held and to settle the procedure and manner in which the arbitration proceedings shall be held. The arbitration proceedings shall be held in Sandton, Republic of South Africa. 26.1.6. The arbitrator shall allocate the costs of the arbitration in the manner that the arbitrator deems appropriate. 26.1.7. Any order or award that may be made by the arbitrator: 26.1.7.1. absent manifest error or bad faith, shall be final and binding subject to either Party’s right of appeal in terms of clause 26.1.8 below; 26.1.7.2. shall be carried into effect; and 26.1.7.3. may be made an order of any competent court (including the High Court of South Africa). 26.1.8. There shall be a right of appeal against any award of the arbitrator provided that – 26.1.8.1. the appeal is noted within 10 (ten) days of the arbitrator’s award; 26.1.8.2. the appellant delivers the record to the respondent within five (5) days of the record becoming available to the appellant. The relevant provisions of this arbitration clause shall apply mutatis mutandis in regard to the appeal; 26.1.8.3. the appeal shall be heard before a panel of 3 (three) arbitrators and shall be appointed in terms of the provisions of clause 26.1.3 above; 26.1.8.4. the appellant shall provide security for the costs of the appeal within 10 (ten) days of a Pro-Forma ▇▇▇▇ of Costs being determined by the Taxing Master of the South Gauteng High Court. 26.1.9. This clause 26 (Dispute Resolution) is severable from the rest of the Agreement and constitutes an irrevocable consent by the Parties to any proceedings in terms hereof, which consent to arbitration shall survive the Agreement regardless of whether the Agreement is terminated for any reason whatsoever. 26.1.10. The arbitrator (or arbitrators in the case of an appeal) shall have the power to give default judgment if any party fails to make submissions on due date and/or fails to appear at the arbitration (or appeal). 26.1.11. To the extent that under the terms of this clause 26 (Dispute Resolution), a Party is entitled to resort to the High Court of South Africa, each of the Parties hereby irrevocably submits to the jurisdiction of the South Gauteng High Court (the Republic of South Africa) for the institution and hearing of any legal proceedings permitted under this clause 26 (Dispute Resolution). 26.1.12. Notwithstanding the above or any prior submission of the dispute to arbitration by the Service Provider, the Company, in its sole election, shall be entitled to bring any dispute before the South Gauteng High Court, (the Republic of South Africa) and the Service Provider hereby submits to the jurisdiction of the High Court.

GENERAL DISPUTE RESOLUTION. 26.1.1. Any dispute of whatsoever nature which arises out of or in connection with this Agreement, including any dispute as to the validity, existence, enforceability, interpretation, application, implementation, breach, termination or cancellation of this Agreement or as to the Parties’ rights and/or obligations in terms of this Agreement or in connection with any documents furnished by the Parties in terms of this Agreement, shall be submitted to binding arbitration before a single arbitrator in terms of this clause 26 (Dispute Resolution) and, except as otherwise provided herein, the rules for the time being as stipulated by the Arbitration Foundation of Southern Africa. 26.1.2. The arbitrator shall, if the dispute is: 26.1.2.1. primarily an accounting matter, be an independent practising accountant of not less than 10 (ten) years’ standing as such; or 26.1.2.2. primarily a legal matter, be an attorney of not less than 10 (ten) years’ standing as such or a practising senior counsel. 26.1.3. Such arbitrator shall be agreed upon in writing by the Parties; provided that if the Parties do not, within 3 (three) Business Days after the date on which the arbitration is demanded, agree in writing as to the nature of the dispute and the identity of the arbitrator, the arbitrator shall, irrespective of the nature of the dispute, be appointed by the Chairperson of the Arbitration Foundation of Southern Africa or its successor-in-title upon request by either Party to make such appointment after expiry of such 3 (three) Business Days. 26.1.4. The arbitration shall be held as quickly as possible after it is demanded with a view to it being completed within 60 (sixty) Business Days after it has been so demanded. 26.1.5. Promptly after the arbitrator has been appointed, either Party shall be entitled to call upon the arbitrator to fix a date when and where the arbitration proceedings shall be held and to settle the procedure and manner in which the arbitration proceedings shall be held. The arbitration proceedings shall be held in Sandton, Republic of South Africa. 26.1.6. The arbitrator shall allocate the costs of the arbitration in the manner that the arbitrator deems appropriate. 26.1.7. Any order or award that may be made by the arbitrator: 26.1.7.1. absent manifest error or bad faith, shall be final and binding subject to either Party’s right of appeal in terms of clause 26.1.8 below; 26.1.7.2. shall be carried into effect; and 26.1.7.3. may be made an order of any competent court (including the High Court of South Africa). 26.1.8. There shall be a right of appeal against any award of the arbitrator provided that – 26.1.8.1. the appeal is noted within 10 (ten) days of the arbitrator’s award; 26.1.8.2. the appellant delivers the record to the respondent within five (5) days of the record becoming available to the appellant. The relevant provisions of this arbitration clause shall apply mutatis mutandis in regard to the appeal; 26.1.8.3. the appeal shall be heard before a panel of 3 (three) arbitrators and shall be appointed in terms of the provisions of clause 26.1.3 above; 26.1.8.4. the appellant shall provide security for the costs of the appeal within 10 (ten) days of a Pro-Forma ▇▇▇▇ Bill of Costs being determined by the Taxing Master of the South Gauteng High Court. 26.1.9. This clause 26 (Dispute Resolution) is severable from the rest of the Agreement and constitutes an irrevocable consent by the Parties to any proceedings in terms hereof, which consent to arbitration shall survive the Agreement regardless of whether the Agreement is terminated for any reason whatsoever. 26.1.10. The arbitrator (or arbitrators in the case of an appeal) shall have the power to give default judgment if any party fails to make submissions on due date and/or fails to appear at the arbitration (or appeal). 26.1.11. To the extent that under the terms of this clause 26 (Dispute Resolution), a Party is entitled to resort to the High Court of South Africa, each of the Parties hereby irrevocably submits to the jurisdiction of the South Gauteng High Court (the Republic of South Africa) for the institution and hearing of any legal proceedings permitted under this clause 26 (Dispute Resolution). 26.1.12. Notwithstanding the above or any prior submission of the dispute to arbitration by the Service Provider, the Company, in its sole election, shall be entitled to bring any dispute before the South Gauteng High Court, (the Republic of South Africa) and the Service Provider hereby submits to the jurisdiction of the High Court.

GENERAL DISPUTE RESOLUTION. 26.1.1. 26.1.1 Any dispute of whatsoever nature which arises out of or in connection with this Agreement, including any dispute as to the validity, existence, enforceability, interpretation, application, implementation, breach, termination or cancellation of this Agreement or as to the Parties’ rights and/or obligations in terms of this Agreement or in connection with any documents furnished by the Parties in terms of this Agreement, shall be submitted to binding arbitration before a single arbitrator in terms of this clause 26 (Dispute Resolution) and, except as otherwise provided herein, the rules for the time being as stipulated by the Arbitration Foundation of Southern Africa. 26.1.2. 26.1.2 The arbitrator shall, if the dispute is: 26.1.2.126.1.1.1. primarily an accounting matter, be an independent practising accountant of not less than 10 (ten) years’ standing as such; or 26.1.2.226.1.1.2. primarily a legal matter, be an attorney of not less than 10 (ten) years’ standing as such or a practising senior counsel. 26.1.3. 26.1.3 Such arbitrator shall be agreed upon in writing by the Parties; provided that if the Parties do not, within 3 (three) Business Days after the date on which the arbitration is demanded, agree in writing as to the nature of the dispute and the identity of the arbitrator, the arbitrator shall, irrespective of the nature of the dispute, be appointed by the Chairperson of the Arbitration Foundation of Southern Africa or its successor-in-title upon request by either Party to make such appointment after expiry of such 3 (three) Business Days. 26.1.4. 26.1.4 The arbitration shall be held as quickly as possible after it is demanded with a view to it being completed within 60 (sixty) Business Days after it has been so demanded. 26.1.5. 26.1.5 Promptly after the arbitrator has been appointed, either Party shall be entitled to call upon the arbitrator to fix a date when and where the arbitration proceedings shall be held and to settle the procedure and manner in which the arbitration proceedings shall be held. The arbitration proceedings shall be held in Sandton, Republic of South Africa. 26.1.6. 26.1.6 The arbitrator shall allocate the costs of the arbitration in the manner that the arbitrator deems appropriate. 26.1.7. 26.1.7 Any order or award that may be made by the arbitrator: 26.1.7.1. 26.1.7.1 absent manifest error or bad faith, shall be final and binding subject to either Party’s right of appeal in terms of clause 26.1.8 below; 26.1.7.2. 26.1.7.2 shall be carried into effect; and 26.1.7.3. 26.1.7.3 may be made an order of any competent court (including the High Court of South Africa). 26.1.8. 26.1.8 There shall be a right of appeal against any award of the arbitrator provided that – 26.1.8.1. 26.1.8.1 the appeal is noted within 10 (ten) days of the arbitrator’s award; 26.1.8.2. 26.1.8.2 the appellant delivers the record to the respondent within five (5) days of the record becoming available to the appellant. The relevant provisions of this arbitration clause shall apply mutatis mutandis in regard to the appeal; 26.1.8.3. 26.1.8.3 the appeal shall be heard before a panel of 3 (three) arbitrators and shall be appointed in terms of the provisions of clause 26.1.3 above; 26.1.8.4. 26.1.8.4 the appellant shall provide security for the costs of the appeal within 10 (ten) days of a Pro-Forma ▇▇▇▇ of Costs being determined by the Taxing Master of the South Gauteng High Court. 26.1.9. 26.1.9 This clause 26 (Dispute Resolution) is severable from the rest of the Agreement and constitutes an irrevocable consent by the Parties to any proceedings in terms hereof, which consent to arbitration shall survive the Agreement regardless of whether the Agreement is terminated for any reason whatsoever. 26.1.10. 26.1.10 The arbitrator (or arbitrators in the case of an appeal) shall have the power to give default judgment if any party fails to make submissions on due date and/or fails to appear at the arbitration (or appeal). 26.1.11. 26.1.11 To the extent that under the terms of this clause 26 (Dispute Resolution), a Party is entitled to resort to the High Court of South Africa, each of the Parties hereby irrevocably submits to the jurisdiction of the South Gauteng High Court (the Republic of South Africa) for the institution and hearing of any legal proceedings permitted under this clause 26 (Dispute Resolution). 26.1.12. 26.1.12 Notwithstanding the above or any prior submission of the dispute to arbitration by the Service Provider, the Company, in its sole election, shall be entitled to bring any dispute before the South Gauteng High Court, (the Republic of South Africa) and the Service Provider hereby submits to the jurisdiction of the High Court.

GENERAL DISPUTE RESOLUTION. 26.1.1. Any dispute of whatsoever nature which arises out of or in connection with this Agreement, including any dispute as to the validity, existence, enforceability, interpretation, application, implementation, breach, termination or cancellation of this Agreement or as to the Parties’ rights and/or obligations in terms of this Agreement or in connection with any documents furnished by the Parties in terms of this Agreement, shall be submitted to binding arbitration before a single arbitrator in terms of this clause 26 (Dispute Resolution) and, except as otherwise provided herein, the rules for the time being as stipulated by the Arbitration Foundation of Southern Africa. 26.1.2. The arbitrator shall, if the dispute is: 26.1.2.1. primarily an accounting matter, be an independent practising accountant of not less than 10 (ten) years’ standing as such; or 26.1.2.2. primarily a legal matter, be an attorney of not less than 10 (ten) years’ standing as such or a practising senior counsel. 26.1.3. Such arbitrator shall be agreed upon in writing by the Parties; provided that if the Parties do not, within 3 (three) Business Days after the date on which the arbitration is demanded, agree in writing as to the nature of the dispute and the identity of the arbitrator, the arbitrator shall, irrespective of the nature of the dispute, be appointed by the Chairperson of the Arbitration Foundation of Southern Africa or its successor-in-title upon request by either Party to make such appointment after expiry of such 3 (three) Business Days. 26.1.4. The arbitration shall be held as quickly as possible after it is demanded with a view to it being completed within 60 (sixty) Business Days after it has been so demanded. 26.1.5. Promptly after the arbitrator has been appointed, either Party shall be entitled to call upon the arbitrator to fix a date when and where the arbitration proceedings shall be held and to settle the procedure and manner in which the arbitration proceedings shall be held. The arbitration proceedings shall be held in Sandton, Republic of South Africa. 26.1.6. The arbitrator shall allocate the costs of the arbitration in the manner that the arbitrator deems appropriate. 26.1.7. Any order or award that may be made by the arbitrator: 26.1.7.1. absent manifest error or bad faith, shall be final and binding subject to either Party’s right of appeal in terms of clause 26.1.8 below; 26.1.7.2. shall be carried into effect; and 26.1.7.3. may be made an order of any competent court (including the High Court of South Africa). 26.1.8. There shall be a right of appeal against any award of the arbitrator provided that – 26.1.8.1. the appeal is noted within 10 (ten) days of the arbitrator’s award; 26.1.8.2. the appellant delivers the record to the respondent within five (5) days of the record becoming available to the appellant. The relevant provisions of this arbitration clause shall apply mutatis mutandis in regard to the appeal; 26.1.8.3. the appeal shall be heard before a panel of 3 (three) arbitrators and shall be appointed in terms of the provisions of clause 26.1.3 above; 26.1.8.4. the appellant shall provide security for the costs of the appeal within 10 (ten) days of a Pro-Forma ▇▇▇▇ of Costs being determined by the Taxing Master of the South Gauteng High Court. 26.1.9. This clause 26 (Dispute Resolution) is severable from the rest of the Agreement and constitutes an irrevocable consent by the Parties to any proceedings in terms hereof, which consent to arbitration shall survive the Agreement regardless of whether the Agreement is terminated for any reason whatsoever. 26.1.10. The arbitrator (or arbitrators in the case of an appeal) shall have the power to give default judgment if any party fails to make submissions on due date and/or fails to appear at the arbitration (or appeal). 26.1.11. To the extent that under the terms of this clause 26 (Dispute Resolution), a Party is entitled to resort to the High Court of South Africa, each of the Parties hereby irrevocably submits to the jurisdiction of the South Gauteng High Court (the Republic of South Africa) for the institution and hearing of any legal proceedings permitted under this clause 26 (Dispute Resolution). 26.1.12. Notwithstanding the above or any prior submission of the dispute to arbitration by the Service Provider, the Company, in its sole election, shall be entitled to bring any dispute before the South Gauteng High Court, (the Republic of South Africa) and the Service Provider hereby submits to the jurisdiction of the High Court.

GENERAL DISPUTE RESOLUTION. 26.1.1. Any dispute of whatsoever nature which arises out of or in connection with this Agreement, including any dispute as to the validity, existence, enforceability, interpretation, application, implementation, breach, termination or cancellation of this Agreement or as to the Parties’ rights and/or obligations in terms of this Agreement or in connection with any documents furnished by the Parties in terms of this Agreement, shall be submitted to binding arbitration before a single arbitrator in terms of this clause 26 (Dispute Resolution) and, except as otherwise provided herein, the rules for the time being as stipulated by the Arbitration Foundation of Southern Africa. 26.1.2. The arbitrator shall, if the dispute is: 26.1.2.1. primarily an accounting matter, be an independent practising accountant of not less than 10 (ten) years’ standing as such; or 26.1.2.2. primarily a legal matter, be an attorney of not less than 10 (ten) years’ standing as such or a practising senior counsel. 26.1.3. Such arbitrator shall be agreed upon in writing by the Parties; provided that if the Parties do not, within 3 (three) Business Days after the date on which the arbitration is demanded, agree in writing as to the nature of the dispute and the identity of the arbitrator, the arbitrator shall, irrespective of the nature of the dispute, be appointed by the Chairperson of the Arbitration Foundation of Southern Africa or its successor-in-title upon request by either Party to make such appointment after expiry of such 3 (three) Business Days. 26.1.4. The arbitration shall be held as quickly as possible after it is demanded with a view to it being completed within 60 (sixty) Business Days after it has been so demanded. 26.1.5. Promptly after the arbitrator has been appointed, either Party shall be entitled to call upon the arbitrator to fix a date when and where the arbitration proceedings shall be held and to settle the procedure and manner in which the arbitration proceedings shall be held. The arbitration proceedings shall be held in [ Sandton], Republic of South Africa. 26.1.6. The arbitrator shall allocate the costs of the arbitration in the manner that the arbitrator deems appropriate. 26.1.7. Any order or award that may be made by the arbitrator: 26.1.7.1. absent manifest error or bad faith, shall be final and binding subject to either Party’s right of appeal in terms of clause 26.1.8 below; 26.1.7.2. shall be carried into effect; and 26.1.7.3. may be made an order of any competent court (including the High Court of South Africa). 26.1.8. There shall be a right of appeal against any award of the arbitrator provided that – 26.1.8.1. the appeal is noted within 10 (ten) days of the arbitrator’s award; 26.1.8.2. the appellant delivers the record to the respondent within five (5) days of the record becoming available to the appellant. The relevant provisions of this arbitration clause shall apply mutatis mutandis in regard to the appeal; 26.1.8.3. the appeal shall be heard before a panel of 3 (three) arbitrators and shall be appointed in terms of the provisions of clause 26.1.3 above; 26.1.8.4. the appellant shall provide security for the costs of the appeal within 10 (ten) days of a Pro-Forma ▇▇▇▇ of Costs being determined by the Taxing Master of the [South Gauteng High Court,] [Sandton] (the Republic of South Africa). 26.1.9. This clause 26 (Dispute Resolution) is severable from the rest of the Agreement and constitutes an irrevocable consent by the Parties to any proceedings in terms hereof, which consent to arbitration shall survive the Agreement regardless of whether the Agreement is terminated for any reason whatsoever. 26.1.10. The arbitrator (or arbitrators in the case of an appeal) shall have the power to give default judgment if any party fails to make submissions on due date and/or fails to appear at the arbitration (or appeal). 26.1.11. To the extent that under the terms of this clause 26 (Dispute Resolution), a Party is entitled to resort to the High Court of South Africa, each of the Parties hereby irrevocably submits to the jurisdiction of the [South Gauteng High Court Court, Sandton] (the Republic of South Africa) for the institution and hearing of any legal proceedings permitted under this clause 26 (Dispute Resolution). 26.1.12. Notwithstanding the above or any prior submission of the dispute to arbitration by the Service ProviderConsultant, the Company, in its sole election, shall be entitled to bring any dispute before the [South Gauteng High Court, ] (the Republic of South Africa) and the Service Provider Consultant hereby submits to the jurisdiction of the High Court.

GENERAL DISPUTE RESOLUTION. 26.1.1. 26.1.1 Any dispute of whatsoever nature which arises out of or in connection with this Agreement, including any dispute as to the validity, existence, enforceability, interpretation, application, implementation, breach, termination or cancellation of this Agreement or as to the Parties’ rights and/or obligations in terms of this Agreement or in connection with any documents furnished by the Parties in terms of this Agreement, shall be submitted to binding arbitration before a single arbitrator in terms of this clause 26 (Dispute Resolution) and, except as otherwise provided herein, the rules for the time being as stipulated by the Arbitration Foundation of Southern Africa. 26.1.2. 26.1.2 The arbitrator shall, if the dispute is: 26.1.2.126.1.1.1. primarily an accounting matter, be an independent practising accountant of not less than 10 (ten) years’ standing as such; or 26.1.2.226.1.1.2. primarily a legal matter, be an attorney of not less than 10 (ten) years’ standing as such or a practising senior counsel. 26.1.3. 26.1.3 Such arbitrator shall be agreed upon in writing by the Parties; provided that if the Parties do not, within 3 (three) Business Days after the date on which the arbitration is demanded, agree in writing as to the nature of the dispute and the identity of the arbitrator, the arbitrator shall, irrespective of the nature of the dispute, be appointed by the Chairperson of the Arbitration Foundation of Southern Africa or its successor-in-title upon request by either Party to make such appointment after expiry of such 3 (three) Business Days. 26.1.4. 26.1.4 The arbitration shall be held as quickly as possible after it is demanded with a view to it being completed within 60 (sixty) Business Days after it has been so demanded. 26.1.5. 26.1.5 Promptly after the arbitrator has been appointed, either Party shall be entitled to call upon the arbitrator to fix a date when and where the arbitration proceedings shall be held and to settle the procedure and manner in which the arbitration proceedings shall be held. The arbitration proceedings shall be held in Sandton, Republic of South Africa. 26.1.6. 26.1.6 The arbitrator shall allocate the costs of the arbitration in the manner that the arbitrator deems appropriate. 26.1.7. 26.1.7 Any order or award that may be made by the arbitrator: 26.1.7.1. 26.1.7.1 absent manifest error or bad faith, shall be final and binding subject to either Party’s right of appeal in terms of clause 26.1.8 below; 26.1.7.2. 26.1.7.2 shall be carried into effect; and 26.1.7.3. 26.1.7.3 may be made an order of any competent court (including the High Court of South Africa). 26.1.8. 26.1.8 There shall be a right of appeal against any award of the arbitrator provided that – 26.1.8.1. 26.1.8.1 the appeal is noted within 10 (ten) days of the arbitrator’s award; 26.1.8.2. 26.1.8.2 the appellant delivers the record to the respondent within five (5) days of the record becoming available to the appellant. The relevant provisions of this arbitration clause shall apply mutatis mutandis in regard to the appeal; 26.1.8.3. 26.1.8.3 the appeal shall be heard before a panel of 3 (three) arbitrators and shall be appointed in terms of the provisions of clause 26.1.3 above; 26.1.8.4. 26.1.8.4 the appellant shall provide security for the costs of the appeal within 10 (ten) days of a Pro-Forma ▇▇▇▇ Bill of Costs being determined by the Taxing Master of the South Gauteng High Court. 26.1.9. 26.1.9 This clause 26 (Dispute Resolution) is severable from the rest of the Agreement and constitutes an irrevocable consent by the Parties to any proceedings in terms hereof, which consent to arbitration shall survive the Agreement regardless of whether the Agreement is terminated for any reason whatsoever. 26.1.10. 26.1.10 The arbitrator (or arbitrators in the case of an appeal) shall have the power to give default judgment if any party fails to make submissions on due date and/or fails to appear at the arbitration (or appeal). 26.1.11. 26.1.11 To the extent that under the terms of this clause 26 (Dispute Resolution), a Party is entitled to resort to the High Court of South Africa, each of the Parties hereby irrevocably submits to the jurisdiction of the South Gauteng High Court (the Republic of South Africa) for the institution and hearing of any legal proceedings permitted under this clause 26 (Dispute Resolution). 26.1.12. 26.1.12 Notwithstanding the above or any prior submission of the dispute to arbitration by the Service Provider, the Company, in its sole election, shall be entitled to bring any dispute before the South Gauteng High Court, (the Republic of South Africa) and the Service Provider hereby submits to the jurisdiction of the High Court.

GENERAL DISPUTE RESOLUTION. 26.1.1. 27.1.1 Any dispute of whatsoever nature which arises out of or in connection with this Agreement, including any dispute as to the validity, existence, enforceability, interpretation, application, implementation, breach, termination or cancellation of this Agreement or as to the Parties’ rights and/or obligations in terms of this Agreement or in connection with any documents furnished by the Parties in terms of this Agreement, shall be submitted to binding arbitration before a single arbitrator in terms of this clause 26 (Dispute Resolution) 27 and, except as otherwise provided herein, the rules for the time being as stipulated by the Arbitration Foundation of Southern Africa. 26.1.2. 27.1.2 The arbitrator shall, if the dispute is: 26.1.2.1. 27.1.2.1 primarily an accounting matter, be an independent practising accountant of not less than 10 (ten) years’ standing as such; or 26.1.2.2. 27.1.2.1.1 primarily a legal matter, be an attorney of not less than 10 (ten) years’ standing as such or a practising senior counsel. 26.1.3. 27.1.2.2 Such arbitrator shall be agreed upon in writing by the Parties; provided that if the Parties do not, within 3 (three) Business Days after the date on which the arbitration is demanded, agree in writing as to the nature of the dispute and the identity of the arbitrator, the arbitrator shall, irrespective of the nature of the dispute, be appointed by the Chairperson of the Arbitration Foundation of Southern Africa or its successor-in-title upon request by either Party to make such appointment after expiry of such 3 (three) Business Days. 26.1.4. 27.1.2.3 The arbitration shall be held as quickly as possible after it is demanded with a view to it being completed within 60 (sixty) Business Days after it has been so demanded. 26.1.5. 27.1.2.4 Promptly after the arbitrator has been appointed, either Party shall be entitled to call upon the arbitrator to fix a date when and where the arbitration proceedings shall be held and to settle the procedure and manner in which the arbitration proceedings shall be held. The arbitration proceedings shall be held in SandtonJohannesburg, Republic of South Africa. 26.1.6. 27.1.3 The arbitrator shall allocate the costs of the arbitration in the manner that the arbitrator deems appropriate. 26.1.7. 27.1.4 Any order or award that may be made by the arbitrator: 26.1.7.1. absent manifest error or bad faith, 27.1.4.1 shall be final and binding subject to either Party’s right of appeal in terms of clause 26.1.8 below; 26.1.7.2. 27.1.4.2 shall be carried into effect; and 26.1.7.3. 27.1.4.3 may be made an order of any competent court (including the High Court of South Africa). 26.1.8. There shall be a right of appeal against any award of the arbitrator provided that – 26.1.8.1. the appeal is noted within 10 (ten) days of the arbitrator’s award; 26.1.8.2. the appellant delivers the record to the respondent within five (5) days of the record becoming available to the appellant. The relevant provisions of this arbitration clause shall apply mutatis mutandis in regard to the appeal; 26.1.8.3. the appeal shall be heard before a panel of 3 (three) arbitrators and shall be appointed in terms of the provisions of clause 26.1.3 above; 26.1.8.4. the appellant shall provide security for the costs of the appeal within 10 (ten) days of a Pro-Forma ▇▇▇▇ of Costs being determined by the Taxing Master of the South Gauteng High Court. 26.1.9. 27.1.5 This clause 26 (Dispute Resolution) 27 is severable from the rest of the Agreement and constitutes an irrevocable consent by the Parties to any proceedings in terms hereof, which consent to arbitration shall survive the Agreement regardless of whether the Agreement is terminated for any reason whatsoever. 26.1.10. 27.1.6 The arbitrator (or arbitrators in the case of an appeal) shall have the power to give default judgment if any party fails to make submissions on due date and/or fails to appear at the arbitration (or appeal). 26.1.11. To the extent that under the terms of this clause 26 (Dispute Resolution), a Party is entitled to resort to the High Court of South Africa, each of the Parties hereby irrevocably submits to the jurisdiction of the South Gauteng High Court (the Republic of South Africa) for the institution and hearing of any legal proceedings permitted under this clause 26 (Dispute Resolution). 26.1.12. 27.1.7 Notwithstanding the above or any prior submission of the dispute to arbitration by the Service ProviderLessee, the Company, in its sole election, shall be entitled to bring any dispute before the South Gauteng High Court, (the Republic of South Africa) Africa and the Service Provider Lessee hereby submits to the jurisdiction of the High Court.