Chapter V
Termination of the Proceeding
Rule 29
Objections to Jurisdiction
(1) Any objection that the dispute is not within the jurisdiction of
the Centre or, for other reasons, is not within the competence of the
Commission shall be made as early as possible. A party shall file the
objection with the Secretary-General no later than in its first written
statement or at the first hearing if that occurs earlier, unless the facts
on which the objection is based are unknown to the party at that time.
(2) The Commission may on its own initiative consider, at any stage of
the proceeding, whether the dispute before it is within the jurisdiction
of the Centre and within its own competence.
(3) Upon the formal raising of an objection, the proceeding on the merits
shall be suspended. The Commission shall obtain the views of the parties
on the objection.
(4) The Commission may deal with the objection as a preliminary question
or join it to the merits of the dispute. If the Commission overrules the
objection or joins it to the merits, it shall resume consideration of
the latter without delay.
(5) If the Commission decides that the dispute is not within the jurisdiction
of the Centre or not within its own competence, it shall close the proceeding
and draw up a report to that effect, in which it shall state its reasons.
Rule 30
Closure of the Proceeding
(1) If the parties reach agreement on the issues in dispute, the Commission
shall close the proceeding and draw up its report noting the issues in
dispute and recording that the parties have reached agreement. At the
request of the parties, the report shall record the detailed terms and
conditions of their agreement.
(2) If at any stage of the proceeding it appears to the Commission that
there is no likelihood of agreement between the parties, the Commission
shall, after notice to the parties, close the proceeding and draw up its
report noting the submission of the dispute to conciliation and recording
the failure of the parties to reach agreement.
(3) If one party fails to appear or participate in the proceeding, the
Commission shall, after notice to the parties, close the proceeding and
draw up its report noting the submission of the dispute to conciliation
and recording the failure of that party to appear or participate.
Rule 31
Preparation of the Report
The report of the Commission shall be drawn up and signed within 60 days
after the closure of the proceeding.
Rule 32
The Report
(1) The report shall be in writing and shall contain, in addition to
the material specified in paragraph (2) and in Rule 30:
(a) a precise designation of each party;
(b) a statement that the Commission was established under the Convention,
and a description of the method of its constitution;
(c) the names of the members of the Commission, and an identification
of the appointing authority of each;
(d) the names of the agents, counsel and advocates of the parties;
(e) the dates and place of the sittings of the Commission; and
(f) a summary of the proceeding.
(2) The report shall also record any agreement of the parties, pursuant
to Article 35 of the Convention, concerning the use in other proceedings
of the views expressed or statements or admissions or offers of settlement
made in the proceeding before the Commission or of the report or any recommendation
made by the Commission.
(3) The report shall be signed by the members of the Commission; the
date of each signature shall be indicated. The fact that a member refuses
to sign the report shall be recorded therein.
Rule 33
Communication of the Report
(1) Upon signature by the last conciliator to sign, the Secretary-General
shall promptly:
(a) authenticate the original text of the report and deposit it in
the archives of the Centre; and
(b) dispatch a certified copy to each party, indicating the date of
dispatch on the original text and on all copies.
(2) The Secretary-General shall, upon request, make available to a party
additional certified copies of the report.
(3) The Centre shall not publish the report without the consent of the
parties.
