(1) Upon the dispatch of the notice of registration of the request for
conciliation, the parties shall promptly proceed to constitute a Conciliation
(2) The Commission shall consist of a sole conciliator or any uneven
number of conciliators appointed as the parties shall agree.
(3) In the absence of agreement between the parties regarding the number
of conciliators and the method of their appointment, the Commission shall
consist of three conciliators, one conciliator appointed by each party
and the third, who shall be the President of the Commission, appointed
by agreement of the parties.
(4) If the Commission shall not have been constituted within 90 days
after the notice of registration of the request for conciliation has been
dispatched by the Secretary-General, or such other period as the parties
may agree, the Chairman of the Administrative Council (hereinafter called
the "Chairman") shall, at the request in writing of either party
transmitted through the Secretary-General, appoint the conciliator or
conciliators not yet appointed and, unless the President shall already
have been designated or is to be designated later, designate a conciliator
to be President of the Commission.
Qualifications of Conciliators
Conciliators shall be persons of high moral character and recognized
competence in the fields of law, commerce, industry or finance, who may
be relied upon to exercise independent judgment.
Method of Constituting the Commission in the
Absence of Previous Agreement between the Parties
(1) If the parties, at the time of the registration of the request for
conciliation, have not agreed upon the number of conciliators and the
method of their appointment, they shall, unless they agree otherwise,
follow the following procedures:
(a) the requesting party shall, within 10 days after the registration
of the request, propose to the other party the appointment of a sole
conciliator or of a specified uneven number of conciliators and specify
the method proposed for their appointment;
(b) within 20 days after receipt of the proposals made by the requesting
party, the other party shall:
(i) accept such proposals; or
(ii) make other proposals regarding the number of conciliators and
the method of their appointment; and
(c) within 20 days after receipt of the reply containing any such proposals,
the requesting party shall notify the other party whether it accepts
or rejects such proposals.
(2) The communications provided for in paragraph (1) of this Article
shall be made or promptly confirmed in writing and shall either be transmitted
through the Secretary-General or directly between the parties with a copy
to the Secretary-General. The parties shall promptly notify the Secretary-General
of the contents of any agreement reached.
(3) At any time 60 days after the registration of the request, if no
agreement on another procedure is reached, either party may inform the
Secretary-General that it chooses the formula provided for in Article
6(3) of these Rules. The Secretary-General shall thereupon promptly inform
the parties that the Commission is to be constituted in accordance with
Appointment of Conciliators to Commission Constituted
in Accordance with Article 6(3) of These Rules
(1) If the Commission is to be constituted in accordance with Article
6(3) of these Rules:
(a) either party shall, in a communication to the other party:
(i) name two persons, identifying one of them as the conciliator
appointed by it and the other as the conciliator proposed to be the
President of the Commission; and
(ii) invite the other party to concur in the appointment of the conciliator
proposed to be the President of the Commission and to appoint another
(b) promptly upon receipt of this communication the other party shall,
in its reply:
(i) name a person as the conciliator appointed by it; and
(ii) concur in the appointment of the conciliator proposed to be
the President of the Commission or name another person as the conciliator
proposed to be the President; and
(c) promptly upon receipt of the reply containing such a proposal,
the initiating party shall notify the other party whether it concurs
in the appointment of the conciliator proposed by that party to be the
President of the Commission.
(2) The communications provided for in this Article shall be made or
promptly confirmed in writing and shall either be transmitted through
the Secretary-General or directly between the parties with a copy to the
Appointment of Conciliators and
Designation of President of
the Commission by the Chairman
(1) Promptly upon receipt of a request by a party to the Chairman to
make an appointment or designation pursuant to Article 6(4) of these Rules,
the Secretary-General shall send a copy thereof to the other party.
(2) The Chairman shall use his best efforts to comply with that request
within 30 days after its receipt. Before he proceeds to make appointments
or a designation, he shall consult both parties as far as possible.
(3) The Secretary-General shall promptly notify the parties of any appointment
or designation made by the Chairman.
Acceptance of Appointments
(1) The party or parties concerned shall notify the Secretary-General
of the appointment of each conciliator and indicate the method of his
(2) As soon as the Secretary-General has been informed by a party or
the Chairman of the appointment of a conciliator, he shall seek an acceptance
from the appointee.
(3) If a conciliator fails to accept his appointment within 15 days,
the Secretary-General shall promptly notify the parties, and if appropriate
the Chairman, and invite them to proceed to the appointment of another
conciliator in accordance with the method followed for the previous appointment.
Replacement of Conciliators prior to
Constitution of the Commission
At any time before the Commission is constituted, each party may replace
any conciliator appointed by it and the parties may by common consent
agree to replace any conciliator.
Constitution of the Commission
(1) The Commission shall be deemed to be constituted and the proceeding
to have begun on the date the Secretary-General notifies the parties that
all the conciliators have accepted their appointment.
(2) Before or at the first session of the Commission, each conciliator
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 Conciliation Commission constituted with respect to a dispute
between _________________ and __________________.
"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 Commission.
"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 conciliator failing to sign such a declaration by the end of the
first session of the Tribunal shall be deemed to have resigned.
Replacement of Conciliators after
Constitution of the Commission
(1) After a Commission has been constituted and proceedings have begun,
its composition shall remain unchanged; provided, however, that if a conciliator
should die, become incapacitated, resign or be disqualified, the resulting
vacancy shall be filled as provided in this Article and Article 17 of
(2) If a conciliator becomes incapacitated or unable to perform the duties
of his office, the procedure in respect of the disqualification of conciliators
set forth in Article 15 shall apply.
(3) A conciliator may resign by submitting his resignation to the other
members of the Commission and the Secretary-General. If the conciliator
was appointed by one of the parties, the Commission shall promptly consider
the reasons for his resignation and decide whether it consents thereto.
The Commission shall promptly notify the Secretary-General of its decision.
Disqualification of Conciliators
(1) A party may propose to a Commission the disqualification of any of
its members on account of any fact indicating a manifest lack of the qualities
required by Article 7 of these Rules.
(2) A party proposing the disqualification of a conciliator shall promptly,
and in any event before the proceeding is declared closed, file its proposal
with the Secretary-General, stating its reasons therefor.
(3) The Secretary-General shall forthwith:
(a) transmit the proposal to the members of the Commission and, if
it relates to a sole conciliator or to a majority of the members of
the Commission, to the Chairman; and
(b) notify the other party of the proposal.
(4) The conciliator to whom the proposal relates may, without delay,
furnish explanations to the Commission or the Chairman, as the case may
(5) The decision on any proposal to disqualify a conciliator shall be
taken by the other members of the Commission except that where those members
are equally divided, or in the case of a proposal to disqualify a sole
conciliator, or a majority of the conciliators, the Chairman shall take
(6) Whenever the Chairman has to decide on a proposal to disqualify a
conciliator, he shall use his best efforts to take that decision within
30 days after he has received the proposal.
(7) The proceeding shall be suspended until a decision has been taken
on the proposal.
Procedure during a Vacancy on the Commission
(1) The Secretary-General shall forthwith notify the parties and, if
necessary, the Chairman of the disqualification, death, incapacity or
resignation of a conciliator and of the consent, if any, of the Commission
to a resignation.
(2) Upon the notification by the Secretary-General of a vacancy on the
Commission, the proceeding shall be or remain suspended until the vacancy
has been filled.
Filling Vacancies on the Commission
(1) Except as provided in paragraph (2) of this Article, a vacancy resulting
from the disqualification, death, incapacity or resignation of a conciliator
shall be promptly filled by the same method by which his appointment has
(2) In addition to filling vacancies relating to conciliators appointed
by him, the Chairman shall:
(a) fill a vacancy caused by the resignation, without the consent of
the Commission, of a conciliator appointed by a party; or
(b) at the request of either party, fill any other vacancy, if no new
appointment is made and accepted within 45 days of the notification
of the vacancy by the Secretary-General.
(3) In filling a vacancy the party or the Chairman, as the case may be,
shall observe the provisions of these Rules with respect to the appointment
of conciliators. Article 13(2) of these Rules shall apply mutatis mutandis
to the newly appointed conciliator.
Resumption of Proceeding after Filling a Vacancy
As soon as a vacancy on the Commission has been filled, the proceeding
shall continue from the point it had reached at the time the vacancy occurred.
The newly appointed conciliator may, however, require that the oral procedure
be recommenced, if this had already been started.