AMENDMENT AND INTERPRETATION OF THE CODE OF CONDUCT
10.1 The Code of Conduct may be amended from time to time by BCCI, with such amendments coming into effect on the date specified by BCCI.
10.2 The headings used for the various Articles of the Code of Conduct are for the purpose of guidance only and shall not be deemed to be part of the substance of the Code of Conduct or to inform or affect in any way the language of the provisions to which they refer.
10.3 The Code of Conduct shall come into full force and effect on the date referred to at the start of the Code of Conduct (the “Effective Date”). It shall not apply retrospectively to matters pending before the Effective Date. 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 Code of Conduct in force at the time of the alleged offence, subject to any application of the principle of lex mitior by the relevant person(s) determining the case.
10.4 If any Article or provision of this Code of Conduct is held invalid, unenforceable or illegal for any reason, the Code of Conduct 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.
10.5 The Code of Conduct 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 Code of Conduct, disputes relating to the Code of Conduct 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.
10.6 The venue for arbitration shall be Mumbai and the arbitration shall be conducted in the English language. 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 one half of the costs and expenses of such arbitration, subject always to the final award of the arbitrator as to costs.
10.7 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.