Healthcare InnoMatch 2023 Rules

This Challenge is sponsored by the Temasek Foundation (the “Sponsor”), and organised by Centre for Healthcare Innovation (CHI) (the “Organiser”) in partnership with Singapore Health Services (SHS), National University Health System (NUHS), National Healthcare Group (NHG).

The aim of these Rules is to set out the terms and conditions governing your participation in the Challenge. By participating in this Challenge, you fully and unconditionally agree to comply with these Rules.  If you do not agree with any of these Rules, do not register for this Challenge and do not submit an entry.

Participation in this challenge constitutes acceptance of these terms and conditions as may be amended by the Sponsor and Organiser when required at the Sponsor and Organiser’s sole discretion.  Participants are encouraged to consult these Rules regularly.

 

1.1 This Challenge begins on 3 April 2023 at 10:00 SGT and ends on 29 September 2023 . The Challenge will be accessible twenty-four (24) hours a day on the dedicated Challenge website operated by IoT Tribe at chisel.2023.iottribe.org (“the Challenge website”), subject to possible IT maintenance operations. Dates and times in these Rules refer to GMT+8.

 

2.1 Any eligible person who is registered on the Challenge website and enrols to participate in the Challenge (“Participant” or “You”), is required to review and accept these Rules. By accessing and accepting these Rules, You:

 

2.1 .1 enter into a valid and enforceable contractual relationship with the Sponsor and Organiser regarding participation in the Challenge. The registration and enrolment in the Challenge does not set up any subordination relationship between the Sponsor and Organiser and the Participant, and

 

2.1.2 fully and unconditionally agree to comply with these Rules. Participants express their agreement by checking an online box while enrolling for the Challenge.

2.2 In case of non-respect of these Rules, the Participant will be immediately disqualified from the Challenge and no prize will be awarded.

 

3.1 To take part in the Challenge, we must receive your completed registration by 29thMay 2023, 23:59 SGT .

3.2 To register, the Participant must first have created a user account on the Challenge website, and must have truthfully and accurately completed required information, such as full name, email address, etc.

3.3 Any registration based on inaccurate, false or incomplete information will result in the Participant’s disqualification. Refusing collection, recording and use of their personal data that is strictly necessary to performing the Challenge will result in the Participant’s disqualification. The Participant is solely responsible for the information he/she provides when registering. Any intentional or unintentional mistake, anomaly or inconsistency, regarding this information, may result in the Participant’s disqualification. The Sponsor and/or Organiser reserves the right to proceed all necessary verifications regarding the Participant’s identity, postal and/or email address.

3.4 Deletion of a Participant’s user account on the Challenge website will be deemed as a withdrawal from the Challenge. In this case, the Participant, regardless of whether the deletion results from the Participant’s personal action or not, will not participate in the Challenge, and will not obtain any compensation.

3.5 You must also have accepted the Rules as well as the Terms and Conditions of Use and the Privacy Policy, during the creation of your user account and your registration to the Challenge.

3.6 Registration for and participation in the Challenge is free, with no purchase or payment obligation.

 

4.1 This Challenge is open and offered solely to:

4.2 Start-ups/SMEs must be able to conduct test-bedding project in any of the healthcare test bedding partner(s), during 2023 to 2024.

4.3 All the documents that may confirm the Participant’s eligibility may be required prior to awarding any prizes (e.g. identity document, registration certificate, etc.).

4.4 This challenge is open to Singapore-based and international participants except for employees of Temasek Foundation, Ministry of Health, Centre for Healthcare Innovation, Skipso, IoT Tribe and close relatives of anyone involved in the organisation and judging of the challenge.

4.5 This Challenge is void in countries where it is prohibited or restricted by law.

 

5.1 Participation in the Challenge must be as a Start-up/SME.

5.2 The goal of the Challenge is for Participants to submit proposal(s) meeting the requirements determined by the Sponsor and Organiser in the Challenge brief, and that are formalized by deliverables. The brief includes information regarding various deadlines, details of the prizes, Sponsor and Organiser requirements etc. (the “Brief”). The Brief is accessible through the Challenge website.

 

6.1 During the Challenge, Participants may upload any documents or other materials (such as texts, presentations, videos, etc.) relating to their project to the Challenge website in response and as a solution to the Sponsor and Organiser’s Challenge (the “Deliverable”).

6.2 To be eligible, Deliverables must (i) address the specific issue set out in the Brief, (ii) be in a common digital format, such as, DOC, DOCX, PDF, PPT, PPTX, KEY, ODT, MP3, MPEG, MOV, MP4, and (iii) be in English, and in general terms must comply with these Rules.

6.3 If a Deliverable cannot be downloaded, is not in the right format or is incompatible, illegible, or unintelligible, the Deliverable will be disqualified.

6.4 By submitting a Deliverable, the following needs must be respected:

• The Deliverable includes exclusive contributions from a Start-up/SME;
• Otherwise, if content from a third party has been used in the development of the Deliverable, all rights, authorizations and agreements necessary to submit the Deliverable and grant the rights mentioned herein have been obtained. The existence of uncredited third-party contributions in the Deliverable will result in the disqualification of the Deliverable and the related Participants;
• No other individual and/or entity is entitled to claim any rights from the use of the Deliverable; and
• The content of the Deliverable does not and will not infringe or violate any rights of any third party or entity, including, without limitation, intellectual property rights, privacy, competition law, confidentiality, or any contractual or extra contractual right. All deliverables suspected of any law(s) and/or any third party’s right will be ineligible.

6.5 Participants are responsible for and shall bear any costs or expenses associated with preparing and submitting Deliverables. Participants assume all risk for damaged, lost, late, incomplete, invalid, incorrect or misdirected Deliverables.

 

7.1 Challenge Rounds. The Challenge consists of several rounds:

7.2 Deliverable. If a Participant does not upload a Deliverable on the Challenge website before the deadline, this will be considered as a withdrawal from the Challenge. The Participant may not join the Challenge, and may not obtain any compensation from the Sponsor and/or Organiser.

7.3 Selection Criteria. Deliverables will be judged according to the Selection Criteria, described below. You agree and acknowledge that the Challenge relies on your creativity, capacity, ability, and ingenuity to solve difficult problems. The Challenge does not depend, even partially, on chance or luck, and therefore should not be considered as a lottery. Under no circumstances are factors such as appearance, religion, membership in a trade union, political opinions or sexual orientation considered.

7.4 Notification to Participants. Once selection has been completed, Participants will be notified by email, phone, or by other means of the results of each Round. The Sponsor and/or Organiser will be free to alter the dates on which results are released should this become necessary due to the number of projects to be assessed. 

 

7.5.1 All Round One Deliverables must be submitted before 22 May 2023, 23:59 SGT. Deliverables must meet the specifications set out in Section 6, above, and include a complete proposal of the proposed solution submitted through the Application Form on the Challenge website, and applicant’s company information.

7.5.2 Selection phase following Round One will proceed as follows:

7.5.3 “Criteria based” assessment will take place from 30 May 2023 to 21 July 2023 .

7.5.4 The assessors (Domain Experts of the participating Healthcare Clusters, and Organiser) (the “Assessors”) may evaluate and solutions based on their content and the following criteria:

     [1] (a) Better patient health outcomes (including but not limited to clinical, functional and patient reported outcomes)

          (b) Improved accessibility of care (including but not limited to physical access, time, availability of care professionals)

          (c) Increased quality of life and social wellbeing to allow patient population to make good decision for their own health and live happier in the community.

          (d) Reduce the necessity and frequency for the patients to visit the hospital and manage their health longer and better in the community

7.5.5 Except as otherwise provided below, close to twenty (20) Participants at the end of this assessment will proceed to the next round.

Participants will be informed of the results of the Round One by 22 July 2023. 

7.6.1 Round Two consists of an oral presentation of the selected projects by the Participants.

7.6.2 “Criteria based” voting will take place from 24 July 2023 to 1 September 2023.

7.6.3 The Assessors may evaluate and select solutions based on their content and the following criteria:

7.6.4 Except as otherwise provided below, approximately close to eight (8) Participants with the highest score at the end of this vote will proceed to the next round.

7.6.5 Participants will be informed of the results of the Round Two by 2 September 2023.

 

7.7.1 Participants who have been selected to participate in the Final Round will be directly notified by email to the address provided during registration. In the event a Participant does not confirm his/her attendance at the finale event, the Sponsor and Organiser reserves the right, at its sole discretion, to disqualify this Participant. This disqualification shall not entitle the Participant to claim any kind of compensation from the Sponsor and Organiser.

7.7.2 The Final Round consists of coaching sessions with one of the healthcare institution from the three partnering hospitals healthcare cluster (on value proposition of solution); Temasek Foundation (on business plan); and on pitching. Oral presentation of the selected projects by the Participants are required during the coaching sessions. Guidance on submission materials for the finale event will be provided at a later date to shortlisted participants. These materials must meet the specifications set out in Section 6 and may also be circulated for the judges’ pre-reading.

7.7.3 Participants are also required to attend an information session on the Centre for Healthcare Innovation Evaluation Framework (CHIEF), which will guide the development of the test-bedding plans, as well as be used to evaluate the success of the test-bedding projects.

7.7.4 At the end of the Final Round, the judges will choose up to three (3) winning solutions.

 

7.8.1 The winning Participant Team will be matched to one of the healthcare institution from the three (3) partnering healthcare clusters to carry out the test-bedding project.

7.9.1 Refine the test bedding protocol, and define success criteria of the test-bedding project with the partner healthcare cluster. You would also define the pricing for subsequent purchase, subject to the solution meeting pre-agreed success criteria. You may be required by your partner hospital to supplement more documentation to facilitate the test-bedding and potential adoption. A Project Agreement should be set up within three (3) months (an additional three (3) months may be granted if ethic approval is required).

7.9.2 Complete test bedding in a simulated and/or clinical environment complying to regulations and institutional policies in the partner healthcare cluster. This should be completed within six (6) months.

7.10.1 Upon completion of the test bedding phase, the partner healthcare clusters would evaluate the success of the test-bedding project. For this purpose, it is strongly encouraged for partner healthcare clusters to use CHIEF as the main evaluation framework, which will be provided at no cost for the purposes of the Challenge. The partner healthcare clusters may also engage an independent expert for the evaluation at their discretion.

 

8.1 The prizes are awarded to the winners of the Challenge and are subject to compliance with the following cumulative conditions:

8.2 No prize will be awarded to winners who do not fulfil the above conditions.

8.3 Subject to these Terms and Conditions, once confirmed by Sponsor and Organiser, the winners will receive the following:

8.4 Each Participant Team will receive its own prize.

8.5 The Participant Team will be required to enter into a Project Agreement with the Sponsor and Organiser, detailing mutually agreed refined test bedding protocol, success criteria of the test-bedding project, and budget allocation.

8.6 No assignment or transfer of prizes is allowed by a winner. If a potential winner cannot be reached, is unable to accept the prize or any portion of the prize for any reason, Sponsor and/or Organiser shall have no further obligation to such potential winner. Sponsor and/or Organiser will not replace any lost or stolen prizes after being awarded to winners. Winners will accept the prize “as it is”. Sponsor and/or Organiser disclaims any warranty regarding the Prizes.

8.7 In the event a Participant (a winner) cannot be reached, by email or by phone, for more than three (3) months after the first attempt to reach them was made, he/she will be deemed as having waived their right to claim the prize and will not be entitled to any prize or any kind of compensation. 

8.8 If the prize as initially planned is unavailable, Sponsor and/or Organiser will be free to substitute another prize of similar value. Any such decision is at Sponsor and/or Organiser’s sole discretion.

8.9 Any Participant who does not fulfil the conditions of Participation as provided in the Rules during their registration and/or at any time during the Challenge will be summarily disqualified from the Challenge without prior notice and will not be entitled to any prize. In the event that a prize is awarded to a Participant who does not meet the conditions of Participation when registering or throughout the duration of the Challenge, Sponsor and/or Organiser reserves the right to require the Participant to return the awarded prize.

 

9.1 The Participant acknowledges and consents that Sponsor and/or the Organiser may use the Challenge for publicity, including for Sponsor and/or the Organiser’s advertising or other marketing purposes, by any means and through any format (website, advertising banners, social networks, newsletter, press release) now known or unknown to date, free of charge or for a consideration.

9.2 In particular, you consent to the use, by the Sponsor and/or the Organiser, of your name and surname, your city and region of residence, the name of the institution in which you studied or in which you obtained your diplomas and other biographical information, your image, the information regarding the Prize (if you are a winner), the name of your company and its distinctive signs (if you are a Start-up) and any other personal data that you submit with your Deliverables as well as the content of your Deliverables relating to the Challenge.

9.3 As an example, each Participant authorizes the Sponsor and/or the Organiser to use the photographs taken during the Final to disseminate them via any communication medium.

9.4 Such use does not entitle the winner to any other payment than the Prize he/she received. The Sponsor and/or the Organiser agrees to cease use of the aforementioned elements in connection with the Participant at the end of the aforementioned period.

9.5 By submitting your personal data in your Deliverables as well as the content of your Deliverables relating to the Challenge, the Participant agrees to:

9.6 Should you wish to withdraw your consent for the Organiser to contact you for the purposes stated above, you may notify us in writing at chisel@chi.sg. To help you make an informed decision, withdrawing consent will result in the Organiser not sending you any more publicity materials, updates, and announcements. 

10.1 The Sponsor and/or the Organiser has no obligation to keep the information contained in the Deliverables confidential. In general terms, when submitting any Deliverables, the Participants understand, agree and accept that any information contained therein may be publicly disclosed by the Sponsor and/or the Organiser. Confidential Information includes but without limitation whatsoever:

10.2 If you are a prize winner, the Sponsor and/or the Organiser may request that you execute a Confidentiality/Non-Disclosure Agreement for the purpose of entering into negotiations regarding the further development of your project, as described in your Deliverable.  Such confidentiality/non-disclosure agreement will be directed to your Deliverable(s) and all intellectual property rights (“IPRs”) that it may contain.

10.3 Furthermore, the Participants acknowledge that the Sponsor and/or the Organiser may currently or in the future be developing information internally, or receiving information from other parties, that is similar to the information contained in any of the projects. Accordingly, nothing herein shall prohibit the Sponsor and/or the Organiser from independently acquiring, developing, or having developed for it, products, concepts, systems, services, or techniques that are similar to or compete with the products, concepts, systems or techniques contemplated by or embodied in any Deliverable(s).

10.4 The Participants recognize that other Participants, individuals or entities may have provided to the Sponsor and/or the Organiser or others, or made public, or may in the future submit, or make public, content that is the same or similar to any piece of information contained in any of the projects. Hence, the Participants acknowledge, agree and accept that the Sponsor and/or the Organiser shall have the right to use such same or similar materials, and that the Participants will not be entitled to any compensation whatsoever arising from the Sponsor and/or the Organiser’s use of such materials.

 

11. 1 Definitions. For the purposes of this section,

11.2 Warranty of non-infringement. When submitting any Deliverable(s), at any stage of the Challenge, each Participant guarantees to the Sponsor and/or the Organiser that he/she is the co/owner and/or co/holder of the Intellectual Property Rights regarding all or part of the Creations contained in the Deliverables submitted at any stage of the Challenge, and that he/she has obtained all rights and permissions regarding all pre-existing Creations and any elements of the Deliverables for which he/she does not hold the relevant rights.

11.3 Each Participant guarantees (i) that his/her contribution is original and unprecedented; (ii) that it does not infringe upon the copyright or any Intellectual Property Rights of any third party; (iii) that all the elements of which his/her submissions are formed, as well as all pieces of contributions and information communicated in the submission presentation documents are accurate, reliable and complete; and (iv) that the submission of the relevant Deliverables does not constitute an act of unfair competition of any kind.

11.4 It is compulsory for the Participants to indicate the source of any pre-existing Creations of whichever nature and on whichever support that are included in any submitted deliverable(s). Any Deliverable(s) involving several Participants constitutes a collaborative work and it should be treated as such in accordance with the applicable regulation in force.

11.5 Liability. The Sponsor and/or the Organiser cannot be held liable for any infringement of the above provisions by the Participants. Each Participant shall indemnify the Sponsor and/or the Organiser against any disturbance, action, claim, opposition and demand or eviction attempt from any third party in connection with any Creation in the Deliverables (Intellectual Property Rights included).

11.6 By submitting a Deliverable and participating in this Challenge, you are not granting the Sponsor and/or the Organiser any rights to any intellectual property supporting all of part of the Deliverable and the Sponsor and/or the Organiser makes no claim to ownership of your Deliverable(s) or any intellectual property that it may contain.

11.7 Any Intellectual Property arising from test-bedding project (for winners of this Challenge) between the Parties shall be managed in separate Agreement(s) outside of this Challenge by respective parties.

 

12.1 Update of the Rules. The Sponsor and/or the Organiser reserves the right to amend these Rules at any time, including the Challenge duration in case of operational imperatives, without prior notice to the Participants regarding the enforcement or the validity of these amendments.  The Participants are encouraged to consult these Rules regularly. The Participants expressly waive all claims or disputes related to any amendment to these Rules by the Sponsor and/or the Organiser.

12.2 Should any paragraph of these Rules be declared or judged illegal, unenforceable or void by a court decision, the paragraph in question will be considered null and void, but all other unaffected paragraphs will be enforced within the limits of and to the fullest extent permitted by law.

12.3 Challenge Cancellation or Suspension. The Sponsor and/or the Organiser reserves the right in its absolute discretion, to (i) cancel, terminate, modify or suspend the Challenge and these Rules, for any reason, at any time and without any liability whatsoever, and (ii) to limit or restrict participation in the Challenge. The Sponsor and/or the Organiser will not be held liable for the modification, cancellation or suspension of the Challenge and no compensation or remuneration in any form or manner whatsoever will be due to the Participants.

 

13.1 The Sponsor and/or the Organiser will in no way be liable in the event of a breakdown or failure, regardless of the cause, of any telecommunications network used that causes the Participants difficulty in or prevents the Participants from identifying themselves on or gaining access to the Challenge website.

13.2 The Participants agree that the company, its affiliates and all of their respective officers, directors, employees, contractors, representatives and agents (“released parties”) shall have no liability whatsoever for, and will be released and held harmless by the participants for any claims, liabilities, or causes of action of any kind or nature for any injury, loss or damages of any kind including direct, indirect, special, punitive, financial or consequential damages however caused, including any loss of profits, loss of goodwill, loss of business, loss of business opportunities, loss of anticipated savings, loss or corruption of data or information or business interruption costs and under any theory of liability, including but not limited to contract, strict liability and negligence or for breach of statutory duty or misrepresentation; whether or not the Participants has been advised of the possibility of such damage.  Without limiting the foregoing, everything on the Challenge website and in connection with the Challenge is provided on a “as is” basis without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

13.3 The Participation in the Challenge implies acknowledgement and acceptance of the characteristics, limits and risks of the internet and related technologies, particularly with regards to performance, response time, security of software and computer equipment against various potential attacks, such as viruses, logic bombs or Trojans, and loss or misuse of data. As a result, the Sponsor and/or the Organiser will not be held liable in any way for any damage incurred by the Participants arising from these characteristics, limits and risks, which the Participants accept by registering and taking part in the Challenge.

13.4 The Sponsor and/or the Organiser will not be held liable for any loss, damage or penalty resulting from delays or failures in the submission of deliverables by the Participants, including refusal to accept these deliverables as a consequence of their submission outside the deadlines set out in the Rules, from faults with or delays to the sending of any emails by the Participant sent as part of the Challenge, or from any alterations made to the deliverables independently of the Sponsor and/or the Organiser.

13.5 The Sponsor and/or the Organiser will not be held liable for damages resulting from services provided by a third-party relating to the prizes.

13.6 The Sponsor and/or the Organiser will not be held liable in any for the consequences of a Participant’s disqualification from the Challenge as a result of their violation of these Rules.

 

14.1 In this Clause, the term “Personal Data” means data, whether true or not, about an individual who can be identified:

(a) from those data alone; or

(b) from those data and other information which either Party has or is likely to have access to.

14.2 Each Party shall:

(a) process, use, and/or disclose Personal Data provided by the Participants only as permitted or required by this Challenge, and shall not further process, use, and/or disclose such Personal Data without the prior written consent of the individuals identified by such Personal Data; or when required by law or an order of court to contravene the foregoing, shall notify the Participants as soon as practicable before complying with such law or order of court at its own costs;

(b) implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality and integrity of the Personal Data and prevent any unauthorised or accidental access, collection, use, disclosure, copying, modification, disposal, corruption, loss, damage, or destruction of Personal Data;

(c) promptly report to the Participants any use or disclosure of Personal Data received from the Participants that is not permitted by this Agreement, of which the Party becomes aware;

(d) process, use, and/or disclose Personal Data received from the other Party consistent with the necessary requirements of the Personal Data Protection Act 2012  (“PDPA”); and

(e) if any Personal Data received from the Participants is transferred outside of Singapore, confirm that such transfer is in accordance with requirements prescribed under the PDPA to ensure that the standard of protection for Personal Data so transferred is comparable to the protection under the PDPA.

14.3 Any Party in receipt of Personal Data from the Participants shall not retain such Personal Data (or any documents or records containing the same, electronic or otherwise) for any period of time longer than would be necessary to serve the purposes of Healthcare InnoMatch and CHISEL Programme, and shall upon the written request of the Participants:

(a) return to the Participants all such Personal Data; or

(b) delete all such Personal Data in its possession, including any copies of any part thereof;

and shall, after returning or deleting all such Personal Data, provide the Participants with written confirmation that it no longer possesses any such Personal Data. Where applicable, the Party in receipt of Personal Data from the Participants shall also instruct all third parties to whom it has disclosed such Personal Data for the purposes of this Agreement to return or delete such Personal Data.

14.4 Any Party in receipt of Personal Data from the Participants shall not process, use, and/or disclose any such Personal Data, or any substance that is replicated or derived therefrom for any commercial or profit-generating purpose, or in the conduct of research that is subject to consulting, licensing, or other similar legal or commercial obligations to another institution, corporation, or business entity, unless the Participants provides its prior written consent.

14.5 Both Parties acknowledge that Personal Data may be jointly collected, processed and/or used by both Parties for the purposes of this Agreement. Upon the expiry or earlier termination of this Agreement, each Party shall comply with the laws, regulations and/or requirements applicable to each Party with regard to the retention of such Personal Data.

14.6 Both Parties shall, at their own costs, comply at all times with the PDPA and its regulations made thereunder.

14.7 In the event of a breach of any of the obligations in this Clause by one Party, that Party shall immediately notify the other Party when it becomes aware of such breach.

 

15.1 This Agreement shall be deemed to be made in Singapore, subject to, governed by and construed in all respects in accordance with the laws of the Republic of Singapore for every intent and purpose.

15.2 In the event of any dispute or difference arising out of or in connection with or in relation to this Challenge, including any question regarding the existence, validity, termination, application or interpretation of this Challenge or any of its provisions or any claim, disagreement or dispute arising out of or relating to this Challenge or the breach of any of its provisions, both Parties shall use their best endeavours to settle the dispute informally by agreement between the Parties. All Parties shall always act in good faith and co-operate with each other to resolve any disputes.

15.3 Notwithstanding anything in this Challenge, if the dispute is not settled informally in accordance with Clause 15.2, no Party shall proceed to litigation or any other form of dispute resolution unless the Parties have made reasonable efforts to resolve the same through mediation, in accordance with the mediation rules of the Singapore Mediation Centre. A Party who receives a notice for mediation from the other Party shall consent and participate in the mediation process in good faith in accordance with this clause. The Parties undertake to abide by the terms of any settlement reached.

15.4 In the event that mediation is unsuccessful, the dispute shall be resolved either by reference to arbitration or by court proceedings as elected by either Party, by way of a written notice to the other Party, which shall state the specific dispute to be resolved and the nature of such dispute. Should the Parties fail to agree to refer the dispute to arbitration, either party may institute an action in court; the Parties agree, in such event, to submit irrevocably to the non-exclusive jurisdiction of the Courts of the Republic of Singapore to settle any and all disputes in connection with this Agreement.

15.5 Any reference to arbitration in Singapore shall be a submission to arbitration within the meaning of the Arbitration Act 2001 for the time being in force in Singapore. Such arbitration shall be conducted in the English language in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference into this clause, except in so far as such Rules conflict with the express provisions of this clause, in which event the provisions of this clause will prevail.

15.6 The arbitral tribunal shall consist of one (1) arbitrator to be appointed by mutual agreement between the Parties. Either Party may propose to the other the name or names of one (1) or more persons, one (1) of whom would serve as the arbitrator. If no agreement is reached within thirty (30) days after receipt by one (1) Party of such a proposal from the other, the arbitrator shall be appointed by the Appointing Authority.

15.7 The Appointing Authority shall be the President of the Court of Arbitration of SIAC.

15.8 The arbitrator must not be a present or former employee or agent of, or consultant or counsel to, either Party or any related corporation [as defined in Section 6 of the Companies Act 1967] of either Party.

15.9 Any decision or award of an arbitral tribunal appointed pursuant to this clause will be final and binding on the Parties and the execution thereof may be entered into any court having jurisdiction.

15.10 Interest at the annual rate of six per cent [6%] per annum will be due and payable to the Party in receipt of an arbitration award from such date as the arbitral tribunal may decide until the date of payment to such Party.

15.11 The Parties hereto undertake to keep the arbitration proceedings and all information, pleadings, documents, evidence and all matters relating thereto confidential.

15.12 The application of Part II of the International Arbitration Act 1994  and the Model Law referred to therein, to this Agreement is hereby excluded.

15.13 For the avoidance of doubt, it is agreed that nothing in this Clause shall prevent a Party from seeking urgent equitable relief before any appropriate court and the commencement of any dispute resolution proceedings shall in no way affect the continual performance of the Parties’ obligations under this Agreement.