Cheniere Creole Trail Pipeline, L.P.
Original Volume No. 1
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Effective Date: 04/28/2008, Docket: RP08-137-000, Status: Effective
Original Sheet No. 210 Original Sheet No. 210 : Pending
GENERAL TERMS AND CONDITIONS
(Continued)
29. ARBITRATION
Unless otherwise agreed in writing, only those matters disputed under Section
16 (Invoicing and Payment) of these General Terms and Conditions, or those
expressly referable to arbitration by other terms of this FERC Gas Tariff,
must be submitted to arbitration.
All such disputes shall be submitted to final and binding arbitration in
Houston, Texas in accordance with the Rules of Commercial Arbitration of the
American Arbitration Association (AAA) then in effect. The dispute shall be
decided by a panel of three neutral arbitrators, qualified by education,
training, and experience to hear the dispute, and chosen pursuant to the
following procedure. The party initiating the arbitration proceeding shall
name one arbitrator at the time it notifies the other party of its intention
to arbitrate the dispute, and the responding party shall name an arbitrator
within fifteen (15) days of receiving the above notification. Within twenty
(20) days of the appointment of the second arbitrator, the two arbitrators
shall select a third arbitrator to act as chairman of the tribunal. If either
party fails to appoint an arbitrator within the allotted time, or if the two
party's appointed arbitrators fail to appoint a third arbitrator as provided
above, the AAA shall appoint the unappointed arbitrator(s). Any vacancies will
be filled in accordance with these procedures. The parties expressly agree to
the consolidation of separate arbitral proceedings for the resolution in a
single proceeding of all disputes that arise from the same factual situation
and the parties further expressly agree that any issue of arbitrability - the
existence, validity, and scope of the agreement to arbitrate - shall be
decided by the arbitrators. The parties agree that either party may apply to a
court of competent jurisdiction, pending arbitration, for injunctive relief to
preserve the status quo, to preserve assets, or to protect documents from loss
or destruction, and such application will not be deemed inconsistent with or
operate as a waiver of the party's right to arbitration. A judgment of the
court shall be entered upon the award made pursuant to the arbitration in any
court of competent jurisdiction. The arbitrators shall apply as the
substantive law to the dispute the laws of the State of Texas.