8.3 Role of the Relevant Clearing House

a. In any such dispute to which the Relevant Clearing House is a party, the Relevant Clearing House shall be entitled to call upon a Clearing Member of the Relevant Clearing House who is a buyer, and a Clearing Member of the Relevant Clearing House who is a seller, under the terms of Contracts which have been matched by the Relevant Clearing House and in respect of which reference to arbitration has under these Arbitration Rules been made, to conduct the arbitration between them under these Rules in accordance with the following procedures.

b. In the event that the Relevant Clearing House elects to call upon a seller and a buyer to arbitrate between them pursuant to these Rules, the following procedures shall apply:-

i. the Relevant Clearing House shall give notice in writing of such election to the buyer, the seller and the Compliance Officer of the Exchange;

ii. the seller and the buyer shall, at their own expense, each have the conduct of the Relevant Clearing House’s case against the other subject to the provisions of this Rule;

iii. copies of all pleadings, correspondence and documents shall be given to the Relevant Clearing House and the Relevant Clearing House shall be entitled to submit any additional arguments to a board of arbitration in support of its own case, in which case it shall supply copies of such submissions to the seller and the buyer;

c. If the Relevant Clearing House is found liable to one party in respect of a breach of a Contract and the other party is also found liable to the Relevant Clearing House in respect of the same breach of a Contract which has been matched by the Relevant Clearing House as mentioned in paragraph (a) above, then the liability of the Relevant Clearing House shall be deemed to be a foreseeable consequence of that breach and the Relevant Clearing House shall be entitled to be indemnified by the other party in respect of such liability.

d. The Relevant Clearing House shall be bound by an arbitration award made against it in pursuance of arbitration, whether it participates in the arbitration or not.

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