(3) If the Parties shall not have designated the Special
Commissioner within the period specified in paragraph (2) of this Article, or such other
period as the parties may agree, and if they or either one of them shall not be willing to
request the Chairman of the Administrative Council (hereinafter called the
"Chairman") or any other authority to designate the Special Commissioner, the
Secretary-General shall inform the parties that the fact-finding proceeding cannot be
held, recording the failure of the parties or one of them to cooperate.
(4) The Special Commissioner shall rule on the
objections only after hearing both parties and in his ruling shall decide whether or not
the fact-finding proceeding is to continue, stating the reasons for his decision. If he
decides that the proceeding is to continue, he shall determine the scope thereof.
Article 6
Absence of Procedural Arrangement
(1) If, or to the extent that, the request does not set
forth an agreement between the parties regarding the matters referred to in Article 2 (2)
of these Rules, the Secretary-General shall invite the parties to conclude in writing and
furnish to the Secretariat within 30 days a Procedural Arrangement. The Procedural
Arrangement may include any other matter or matters the parties may agree.
(2) If the Procedural Arrangement cannot be concluded
within the period referred to in paragraph (1) of this Article, or such other period as
the parties may agree, the Procedural Arrangement shall be drawn up within 30 days from
the expiry of such period by the Chairman after consulting with the parties and shall be
binding upon the parties.
(3) Unless the parties agree otherwise, the Procedural
Arrangement drawn up by the Chairman shall provide for the appointment of three
commissioners. Other provisions made by the Chairman relating to: (a) qualifications,
appointment, replacement, resignation, and disqualification of the commissioners, filling
up of the vacancies and consequential resumption of proceeding; and (b) incapacity of the
President of the Committee and procedural matters, including procedural languages, shall,
to the extent practicable, be similar to those applicable to conciliators and conciliation
proceedings under the Conciliation (Additional Facility) Rules.
(4) Notwithstanding the provisions of paragraph (3) of
this Article, the Chairman may, whenever he is satisfied that the circumstances so
warrant, include within the Procedural Arrangement provisions similar to written and oral
procedures set forth in Chapter Vll of the Arbitration (Additional Facility) Rules.
Article 7
UN Register of Experts and GATT Panel on Complaints
For purposes of the fact-finding proceeding, the
Secretary-General shall, upon request by the parties, use his best endeavors to enter