1. RESOLUTION OF DISPUTES1.1 Unless otherwise stipulated in this Document, the Parties shall seek to resolveany dispute or claim arising out of or under this Document by friendly discussion.Any Party may notify the other Parties of its desire to enter into consultation to resolve a dispute or claim.1.2 The Parties may, by agreement, attempt to resolve any dispute or claim byconciliation (by an authority and under terms and procedures to be agreed in writing) before submitting that dispute or claim to arbitration.1.3 Any dispute or claim arising out of or under this Document which remainsunresolved after 2 months from the date on which notice is given under clause14.1, or after a longer period as the Parties may agree in writing, shall be referredto and settled by arbitration under the Rules of Conciliation and Arbitration of International Chamber of Commerce (Arbitration Rules).1.4 Where there is any conflict between the Arbitration Rules and this clause 14, thelatter prevails.1.5 Unless the Parties otherwise agree in writing, arbitration is to be conducted inWestern Australia.1.6 Any arbitral award is final and binding on the Parties and may be enforced by thecourts of any relevant country.1.7 The costs of arbitration are borne by the unsuccessful Party; however the arbitraltribunal may apportion costs amongst the Parties under the Arbitration Rules.1.8 If any question of law should arise in the course of any arbitration brought underthis Document, no application may be made under section 39 of the Commercial Arbitration Act 1985 (WA) and no appeal shall lie pursuant to section 38(2) of that Act in relation to the award or in relation to an award to which the question of law is material.1.9 Neither the commencement nor conduct of arbitration will interrupt the Par ties’performance of their respective obligations under this Document nor affect any of the time limits fixed in this Document. This is not the case if such performance is materially affected by the submission of the matter in dispute to arbitration or by the result of the arbitration. The arbitration tribunal constituted to settle the matter in dispute is empowered to determine whether performance is materially affected.15.1 Resolution by mutual accordThe Parties shall seek to resolve any dispute or claim arising out of orin relation to this Agreement by mutual accord. If the dispute or mattercannot be settled by mutual accord2 3between the Parties, such dispute or claim shall be referred toarbitration in accordance with the Rules of Conciliation and Arbitrationof the International Chamber of Commerce. The board of arbitrationshall be composed of three arbitrators, one of whom shall be chosenby the Buyer, one by the Seller, and a third by the two so chosen.15.2 Location of arbitrationIf both or either the Buyer or the Seller fail to choose an arbitratorwithin fourteen (14) days after receiving notice of commencement ofarbitration proceedings, or if the two arbitrators so chosen cannotagree upon a third arbitrator within fourteen (14) days after they havebeen chosen, the Court of Arbitration of the International Chamber ofCommerce shall, upon request of the Parties or either Party, appointthe arbitrators required to complete the board and if the Parties fail toagree upon the place of arbitration, the said Court shall select a placeof arbitration outside the Commonwealth of Australia and thePeople’s Republic of China, and such location shal l be accessible toboth Parties for the purpose of attending the arbitration proceedings.15.3 Obligations continuePending the reference to arbitration and thereafter until the board ofarbitration publishes its award, the Buyer and the Seller shall continueto perform all of their obligations under this Agreement withoutprejudice to a final adjustment in accordance with the award.15.4 Arbitration before court actionNo action in a court of law arising out of this Agreement shall becommenced by one Party against the other unless and until thedispute or claim has been referred to arbitration as provided in thisclause.例三9ARBITRATIONALL DISPUTES IN CONNECTION WITH THIS CONTRACT OR THEEXECUTION THEREOF SHALL BE SETTLED AMICABLY BY FRIENDLYNEGOTIATIONS BETWEEN THE TWO PARTIES. IF NO SETTLEMENTCAN BE REACHED, THE CASE IN DISPUTE SHALL THEN BESUBMITTED FOR ARBITRATION TO A THIRD COUNTRY WHICH SHALL BE AGREED UPON BY BOTH PARTIES.。