1. In the case of any dispute or disputes (a “Dispute”) between the parties arising out of or relating to the construction, validity, performance or interpretation of this Agreement or the breach thereof, either party shall refer the Dispute to arbitration in accordance with the arbitral rules contained in the Arbitration & Conciliation Act, LFN 2004.
2. Each party shall appoint an arbitrator and the two arbitrators so appointed shall request an independent third arbitrator.
3. If either party fails to appoint an arbitrator within five (5) days of receiving notice of the appointment of an arbitrator by the other party, such arbitrator shall at the request of that party be appointed by the President of the Nigerian Institute of Chartered Arbitrators;
4. Each party shall bear its own costs and expenses (including attorneys' fees and disbursements) incurred in connection with the arbitration. All other costs and expenses attributable to the arbitration (including the fees of the third arbitrator) shall be allocated equally between the parties.
5. There shall be no right of appeal or application to court, (save for the purposes of enforcement of any award of the arbitral panel), from the decision of the arbitration panel, as any award made by the arbitration panel shall be final, conclusive and binding upon the parties.