The Committee and Its Working
Number of Commissioners
(1) Except as the parties may otherwise agree, the Committee shall consist
of a sole commissioner or any uneven number of commissioners.
(2) If the Committee is to consist of three or more commissioners, one
person shall be appointed the President of the Committee. References in
these Rules to a Committee or a President of a Committee shall include
a sole commissioner.
Constitution of the Committee
(1) The Committee shall be deemed to be constituted and the proceeding
to have begun on the date the Secretary-General notifies the parties that
all the commissioners have accepted their appointments.
(2) Before or at the first session of the Committee, each commissioner
shall sign a declaration in the following form:
"To the best of my knowledge there is no reason why I should not
serve on the Fact-finding Committee constituted to examine certain facts
under the Additional Facility pursuant to an agreement between ____________________
"I shall keep confidential all information coming to my knowledge
as a result of my participation in this proceeding, as well as the contents
of any report drawn up by the Committee.
"I shall not accept any instruction or compensation with regard
to the proceeding from any source except as provided in the Administrative
and Financial Regulations of the Centre.
"A statement of my past and present professional, business and
other relevant relationships (if any) with the parties is attached hereto."
Any commissioner failing to sign such a declaration by the end of the
first session of the Committee shall be deemed to have resigned.
Sessions of the Committee
(1) The Committee shall meet for its first session within 60 days after
its constitution or such other period as the parties may agree. The dates
of the first and subsequent sessions shall be fixed by the President of
the Committee after consultation with its members and the Secretary-General,
and with the parties as far as possible. If, upon its constitution, the
Committee has no President, such dates shall be fixed by the Secretary-General
after consultation with the members of the Committee, and with the parties
as far as possible.
(2) The President of the Committee shall: (a) convene its subsequent
sessions within time limits determined by the Committee; (b) conduct its
hearings and preside at its deliberations; and (c) fix the date and hour
of its sittings.
(3) The Secretary-General shall notify the members of the Committee and
the parties of the dates and place of the sessions of the Committee in
(4) The sessions of the Committee shall not be public.
Conduct of Investigations and Examinations
Each investigation, and each examination of a locality, must be made
in the presence of agents and counsel of the parties or after they have
been duly notified.
Decisions of the Committee
(1) Except as the parties shall otherwise agree, all decisions of the
Committee shall be taken by a majority of the votes of all its members.
(2) Abstention by any member of the Committee shall count as a negative
Notices to Be Served by the Committee
The Secretary-General shall, to the extent possible, make necessary arrangements
for the serving of notices by the Committee.
Determinations of Questions of Procedure
Subject to the provisions of this Chapter, the constitution of the Committee
and its procedure shall be governed by the Procedural Arrangement. Any
matters not provided for in these Rules or in the Procedural Arrangement
shall be determined by agreement of the parties or, failing such agreement,
by the Committee.