Functions of the Commission
(1) In order to clarify the issues in dispute between the parties, the
Commission shall hear the parties and shall endeavor to obtain any information
that might serve this end. The parties shall be associated with its work
as closely as possible.
(2) In order to bring about agreement between the parties, the Commission
may, from time to time at any stage of the proceeding, makeorally
or in writingrecommendations to the parties. It may recommend that
the parties accept specific terms of settlement or that they refrain,
while it seeks to bring about agreement between them, from specific acts
that might aggravate the dispute; it shall point out to the parties the
arguments in favor of its recommendations. It may fix time limits within
which each party shall inform the Commission of its decision concerning
the recommendations made.
(3) The Commission, in order to obtain information that might enable
it to discharge its functions, may at any stage of the proceeding:
(a) request from either party oral explanations, documents and other
(b) request evidence from other persons; and
(c) with the consent of the party concerned, visit any place connected
with the dispute or conduct inquiries there, provided that the parties
may participate in any such visits and inquiries.
Cooperation of the Parties
(1) The parties shall cooperate in good faith with the Commission and,
in particular, at its request furnish all relevant documents, information
and explanations as well as use the means at their disposal to enable
the Commission to hear witnesses and experts whom it desires to call.
The parties shall also facilitate visits to and inquiries at any place
connected with the dispute that the Commission desires to undertake.
(2) The parties shall comply with any time limits agreed with or fixed
by the Commission.
Transmission of the Request
As soon as the Commission is constituted, the Secretary-General shall
transmit to each member a copy of the request by which the proceeding
was initiated, of the supporting documentation, of the notice of registration
and of any communication received from either party in response thereto.
(1) Upon the constitution of the Commission, its President shall invite
each party to file, within 30 days or such longer time limit as he may
fix, a written statement of its position. If, upon its constitution, the
Commission has no President, such invitation shall be issued and any such
longer time limit shall be fixed by the Secretary-General. At any stage
of the proceeding, within such time limits as the Commission shall fix,
either party may file such other written statements as it deems useful
(2) Except as otherwise provided by the Commission after consultation
with the parties and the Secretary-General, every written statement or
other instrument shall be filed in the form of a signed original accompanied
by additional copies whose number shall be two more than the number of
members of the Commission.
(1) Every written statement or other instrument filed by a party may
be accompanied by supporting documentation, in such form and number of
copies as required by Administrative and Financial Regulation 30.
(2) Supporting documentation shall ordinarily be filed together with
the instrument to which it relates, and in any case within the time limit
fixed for the filing of such instrument.
(1) The hearings of the Commission shall take place in private and, except
as the parties otherwise agree, shall remain secret.
(2) The Commission shall decide, with the consent of the parties, which
other persons besides the parties, their agents, counsel and advocates,
witnesses and experts during their testimony, and officers of the Commission
may attend the hearings.
Witnesses and Experts
(1) Each party may, at any stage of the proceeding, request that the
Commission hear the witnesses and experts whose evidence the party considers
relevant. The Commission shall fix a time limit within which such hearing
shall take place.
(2) Witnesses and experts shall, as a rule, be examined before the Commission
by the parties under the control of its President. Questions may also
be put to them by any member of the Commission.
(3) If a witness or expert is unable to appear before it, the Commission,
in agreement with the parties, may make appropriate arrangements for the
evidence to be given in a written deposition or to be taken by examination
elsewhere. The parties may participate in any such examination.