Section 3
Conciliation Proceedings
Article 32
(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.
Article 33
Any 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.
Article 34
(1) 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.
Article 35
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.