It is submitted that the High Court of Fiji held that the International Arbitration Act 2017 does not apply, thereby, ruling that the matter cannot be arbitrated in the International Chamber of Commerce and that any arbitration would have to happen in Fiji by local arbitrators given that the fact that the parties had agreed to accede to the Fijian Jurisdiction by virtue of the Agreement.
If the Dispute cannot be resolved within 15 business days of commencement of mediation (or within any extended time agreed to in writing between the parties), the mediation shall cease and either party may submit the Dispute for Arbitration in accordance with the then existing rules and regulations of the Rules of Conciliation and the Arbitration of the International Chamber of Commerce. Judgment upon the Arbitrator's award shall be final and binding and may be enforced by any court of competent jurisdiction. The prevailing party in any action arising under this Contract shall be entitled to its costs of litigation, including reasonable legal fees.
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