19. SETTLEMENT OF DISPUTES
[In the case of off-shore supplier]
19.1 In the event of any dispute arising out of or relating to this Agreement or in the case of breach thereof the Parties hereto shall try in the first instance to arrive at an amicable settlement. Should such attempt fail the dispute or breach shall be referred to and finally and exclusively settled by arbitration which shall be held in Thailand and in accordance with the rules and procedures on reconciliation and arbitration issued by the United Nations Commission on International Trade Law (“UNCITRAL”). Any such arbitration shall be administered by the [Thai Arbitration Institute of the Office of Judiciary, Thailand] in accordance with the UNCITRAL Arbitration Rules in force at the date of this Agreement.
19.2 The arbitration proceedings shall be conducted in the English language. The number of arbitrators shall be three (3). Each Party shall be entitled to appoint one arbitrator. The third arbitrator shall be appointed by the first two, or failing agreement between them on such appointment within thirty days, by the President for the time being of the [Thai Arbitration Institute of the Office of Judiciary, Thailand] upon application by either Party hereto. In such circumstance, the third arbitrator to be appointed by the said President shall be an English-speaking and neutral person with a sound business reputation and the required commercial experience necessary to resolve the dispute, who may but need not necessarily be registered by the Institute as an arbitrator.
19.3 Upon the final award given by the tribunal, the losing Party shall bear all costs, arbitration fees and administration fees including reasonable attorneys’ fees and disbursements arise from and in relation to arbitration process.
19.4 Notwithstanding the foregoing provisions, should either Party hereto subject to Court proceedings by any third party arising out of or in any way relating to this Agreement or the subject matter hereof, such Party shall (if legally permissible) be at liberty to apply to the Courts to have the other Party joined as a Party to such proceedings.