Request for Conciliation
(1) Any Contracting State or any national of a Contracting State wishing
to institute conciliation proceedings shall address a request to that
effect in writing to the Secretary-General who shall send a copy of the
request to the other party.
(2) The request shall contain information concerning the issues in dispute,
the identity of the parties and their consent to conciliation in accordance
with the rules of procedure for the institution of conciliation and arbitration
(3) The Secretary-General shall register the request unless he finds,
on the basis of the information contained in the request, that the dispute
is manifestly outside the jurisdiction of the Centre. He shall forthwith
notify the parties of registration or refusal to register.
Constitution of the Conciliation Commission
(1) The Conciliation Commission (hereinafter called the Commission) shall
be constituted as soon as possible after registration of a request pursuant
to Article 28.
(2) (a) The Commission shall consist of a sole conciliator or
any uneven number of
conciliators appointed as the parties
(b) Where the parties do not agree upon
the number of conciliators and the
method of their appointment, the Commission
shall consist of three conciliators,
one conciliator appointed by each party
and the third, who shall be the president
of the Commission, appointed by agreement
of the parties.
If the Commission shall not have been constituted within 90 days after
notice of registration of the request has been dispatched by the Secretary-General
in accordance with paragraph (3) of Article 28, or such other period as
the parties may agree, the Chairman shall, at the request of either party
and after consulting both parties as far as possible, appoint the conciliator
or conciliators not yet appointed.
(1) Conciliators may be appointed from outside the Panel of Conciliators,
except in the case of appointments by the Chairman pursuant to Article
(2) Conciliators appointed from outside the Panel of Conciliators shall
possess the qualities stated in paragraph (1) of Article 14.
(1) The Commission shall be the judge of its own competence.
(2) Any objection by a party to the dispute that that dispute is not
within the jurisdiction of the Centre, or for other reasons is not within
the competence of the Commission, shall be considered by the Commission
which shall determine whether to deal with it as a preliminary question
or to join it to the merits of the dispute.
conciliation proceeding shall be conducted in accordance with the provisions
of this Section and, except as the parties otherwise agree, in accordance
with the Conciliation Rules in effect on the date on which the parties
consented to conciliation. If any question of procedure arises which is
not covered by this Section or the Conciliation Rules or any rules agreed
by the parties, the Commission shall decide the question.
It shall be the duty of the Commission to clarify the issues in dispute
between the parties and to endeavour to bring about agreement between
them upon mutually acceptable terms. To that end, the Commission may at
any stage of the proceedings and from time to time recommend terms of
settlement to the parties. The parties shall cooperate in good faith with
the Commission in order to enable the Commission to carry out its functions,
and shall give their most serious consideration to its recommendations.
(2) If the parties reach agreement, the Commission shall draw up a report
noting the issues in dispute and recording that the parties have reached
agreement. If, at any stage of the proceedings, it appears to the Commission
that there is no likelihood of agreement between the parties, it shall
close the proceedings and shall draw up a report noting the submission
of the dispute and recording the failure of the parties to reach agreement.
If one party fails to appear or participate in the proceedings, the Commission
shall close the proceedings and shall draw up a report noting that party's
failure to appear or participate.
Except as the parties to the dispute shall otherwise agree, neither party
to a conciliation proceeding shall be entitled in any other proceeding,
whether before arbitrators or in a court of law or otherwise, to invoke
or rely on any views expressed or statements or admissions or offers of
settlement made by the other party in the conciliation proceedings, or
the report or any recommendations made by the Commission.