Anti Racism Policy
ARTICLE 10 - AMENDMENT AND INTERPRETATION OF THE ANTI-RACISM CODE
10.2 The Anti-Racism Code shall be interpreted as an independent and autonomous text and not by reference to existing law or statutes of any government or other body.
10.3 The headings used for the various Articles of the Anti-Racism Code are for the purpose of guidance only and shall not be deemed to be part of the substance of the Anti-Racism Code or to inform or affect in any way the language of the provisions to which they refer.
10.4 The Anti-Racism Code shall come into full force and effect on the date referred to at the start of this document (the “Effective Date”). It shall not apply retrospectively to matters pending before the Effective Date; provided, however, that any case pending prior to the Effective Date, or brought after the Effective Date but based on an offence that is alleged to have occurred before the Effective Date, shall be governed by the predecessor version of the Anti-Racism Code in force at the time of the alleged offence, subject to any application of the principle of lex mitior by the hearing panel determining the case.
10.5 If any Article or provision of the Anti-Racism Code is held invalid, unenforceable or illegal for any reason, the Anti-Racism Code shall remain otherwise in full force apart from such Article or provision which shall be deemed deleted insofar as it is invalid, unenforceable or illegal.
10.6 The Anti-Racism Code is governed by and shall be construed in accordance with Indian law. Strictly without prejudice to the provisions of Articles 5 and 8 of the Anti-Racism Code, disputes relating to the Anti-Racism Code shall be submitted to arbitration and conclusively resolved by a single arbitrator appointed by mutual consent or failing which by such process as is laid down in The Arbitration and Conciliation Act 1996. The parties shall share equally the costs, fees and other expenses of the single arbitrator appointed by them in accordance with The Arbitration and Conciliation Act, 1996, or any statutory modification or re-enactment then in effect.
10.7 The venue for arbitration shall be Mumbai and the arbitration shall be conducted in the English language.
10.8 The decision of the arbitrator shall be in writing and shall be final and binding upon the parties. Each party shall bear its own lawyers’ fees and charges and shall pay an equal share of the costs and expenses of such arbitration, subject always to the final award of the arbitrator as to costs.
10.9 Each of the parties hereby acknowledges and agrees that its failure to participate in arbitration proceedings in any respect or to comply with any request, order or direction of the arbitrator, shall not preclude the arbitrator proceeding with such arbitration and/or making a valid final award.