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.