(Additional Facility) Rules
Institution of Proceedings
(1) Any State or national of a State wishing to institute an inquiry
under the Additional Facility to examine and report on facts (hereinafter
called a "fact-finding proceeding") shall send a request to
that effect in writing to the Secretariat at the seat of the Centre. It
shall be drawn up in an official language of the Centre, shall be dated
and shall be signed by the requesting party or its duly authorized representative.
(2) The request may be made jointly by the parties to the fact-finding
Contents of the Request
(1) The request shall:
(a) designate precisely each party to the fact-finding proceeding and
state the address of each;
(b) set forth the agreement between the parties providing for recourse
to the fact-finding proceeding; and
(c) state the circumstances to be examined and reported on.
(2) The request shall in addition set forth any provisions agreed by
the parties regarding the number of commissioners, their qualifications,
appointment, replacement, resignation and disqualification, the extent
of the powers of the Committee, the appointment of its President, and
the place of its sessions, as well as the procedure to be followed in
the fact-finding proceeding (hereinafter called the "Procedural Arrangement").
(3) The request shall be accompanied by five additional signed copies
and by the fee prescribed pursuant to Regulation 16 of the Administrative
and Financial Regulations of the Centre.
Registration of the Request
(1) As soon as the Secretary-General has satisfied himself that the request
conforms in form and substance to the provisions of Article 2 of these
Rules he shall register the request in the Fact-finding (Additional Facility)
Register, notify the requesting party and the other party of the registration
and transmit to the other party a copy of the request and of the accompanying
documentation, if any.
(2) The notice of registration of a request shall:
(a) record that the request is registered and indicate the date of
the registration and of the dispatch of that notice;
(b) notify each party that all communications in connection with the
proceeding will be sent to the address stated in the request, unless
another address is indicated to the Secretariat; and
(c) request the other party to inform the Secretary-General in writing
within 30 days after receipt of the notice whether it agrees with the
request or it objects thereto.
(3) In agreeing with the request, the other party may state additional
circumstances which it wishes to be examined and reported on within the
scope of the agreement between the parties for recourse to fact-finding
proceedings. In that event, the Secretary-General shall request the requesting
party to inform him promptly in writing whether it agrees to the inclusion
of the additional facts or whether it objects thereto.
Objections to the Request
(1) Any objection by the other party pursuant to Article 3(2)(c) of these
Rules shall be filed by it in writing with the Secretary-General and shall
indicate on which of the following grounds it is based and the reasons
(a) the other party is under no obligation to have recourse to fact-finding;
(b) the circumstances indicated in the request as the circumstances
to be examined and reported on are wholly or partly outside the scope
of the agreement between the parties for recourse to fact-finding.
(2) The provisions of paragraph (1) of this Article shall apply mutatis
mutandis to an objection by the requesting party pursuant to Article
3(3) of these Rules.
Settlement of Objections to the Request;
Appointment of Special Commissioner
(1) Promptly upon receipt of the notice of objections, the Secretary-General
shall send a copy thereof to the requesting party or the other party,
as the case may be, and shall invite the parties to meet with him in order
to seek to resolve the objections by agreement.
(2) Failing such agreement, he shall invite the parties to designate
within 30 days a third party (hereinafter called the "Special Commissioner")
to rule on the objections.
(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
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 by
the Chairman after consulting with the parties and shall be binding upon
(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 VII of the Arbitration (Additional