6.1 All Disputes, to the extent not finally resolved pursuant to the procedures set out in the foregoing provisions of this Part 26 of the Schedule shall be referred to Arbitration pursuant to the following provisions.
6.2 The Arbitration shall be governed by the provisions of the Scottish Arbitration Code 2007 (under deletion of Article 18.5).
6.3 The party initiating the Arbitration shall give a notice of Arbitration to the other party (the "Notice") stating:
6.3.1 that the Dispute is referred to Arbitration;
6.3.2 details of the issues to be resolved;
and shall invite the other party to concur in the appointment of a sole arbitrator who shall be a solicitor or advocate or arbitrator recognised by the Chartered Institute of Arbitrators of not less than ten (10) years' standing. If the parties are unable within fourteen (14) days to agree the identity of the Arbitrator either party may request any of (i) the Chairman (or Vice Chairman) for the time being of the Chartered Institute of Arbitrators Scottish Branch, (ii) the President (or Vice President) for the time being of the Law Society of Scotland or (iii) the Dean (or Vice Dean) of the Faculty of Advocates to make the appointment.
6.4 Should the appointed Arbitrator die, resign, refuse to act or become incapable of performing his functions, a replacement arbitrator will be appointed. The identity of the replacement arbitrator will be agreed by the parties or if the parties are unable within fourteen (14) days to agree, either party may request the relevant nominating body as set out in paragraph 6.3 above to make the appointment.
6.5 The Arbitration is to be held in Scotland, in the English language and Scotland shall be the seat of Arbitration.
6.6 The Arbitrator shall have the power to open up, review and revise any opinion, certificate, instructions, determination or decision of whatever nature given or made under this Agreement and to vary or cancel the decision of the Adjudicator.
6.7 The award of the Arbitrator shall be final and binding subject to section 3 of the Administration of Justice (Scotland) Act 1972.]
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225 The Board should delete one alternative under paragraph 6 before issuing the draft Project Agreement