Functions of the Commission
(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.
(2) In order to clarify the issues in dispute between the parties, the
Commission shall hear the parties and shall endeavour to obtain any information
that might serve this end. The parties shall be associated with its work
as closely as possible.
(3) In order to bring about agreement between the parties, the Commission
may, from time to time at any stage of the proceeding, make recommendations
to the parties, together with arguments in favor thereof, including recommendations
to the effect that the parties accept specific terms of settlement or
that they refrain, while it seeks to bring about agreement between them,
from specific acts that might aggravate the dispute. It may fix time limits
within which each party shall inform the Commission of its decision concerning
the recommendations made. The parties shall give their most serious consideration
to such recommendations.
(4) The Commission, in order to obtain information that might enable
it to discharge its functions, may at any stage of the proceeding:
(a) request from either party oral explanations,documents and other information;
(b) request evidence from other persons;and
(c) with the consent ofthe party concerned,visit any place connected
with the dispute or conduct inquiries there, provided that the parties
may participate in any such visits and inquiries.
Cooperation of 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. Without prejudice to
the generality of the foregoing, the parties shall: (a) at the request
of the Commission, furnish all relevant documents, information and explanations
as well as use the means at their disposal to enable the Commission to
hear witnesses and experts whom it desires to call; (b) facilitate visits
to and inquiries at any place connected with the dispute that the Commission
desires to undertake; and (c) comply with any time limits agreed with
or fixed by the Commission.
Transmission of the Request
As soon as the Commission is constituted, the Secretary-General shall
transmit to each member of the Commission a copy each of:
(a) the request by which the proceeding was commenced;
(b) the supporting documentation;
(c) the notice of registration of the request; and
(d) any communication received from either party in response thereto.
(1) Upon the constitution of the Commission, its President shall invite
each party to file, within 30 days or such longer time as the President
may fix, a written statement of its position. If, upon its constitution,
the Commission has no President, such invitation shall be issued and any
such longer time limit shall be fixed by the Secretary-General. At any
stage of the proceeding, within such time limits as the Commission shall
fix, either party may file such other written statements as it deems useful
(2) Except as otherwise provided by the Commission after consultation
with the parties and the Secretary-General, every written statement or
other instrument shall be filed in the form of a signed original accompanied
by additional copies whose number shall be two more than the number of
members of the Commission.
(1) The hearings of the Commission shall take place in private and, except
as the parties otherwise agree, shall remain secret.
(2) The Commission shall decide, with the consent of the parties, which
other persons besides the parties, their agents, counsel and advocates,
witnesses and experts during their testimony, and officers of the Commission
may attend the hearings.
Witnesses and Experts
(1) Each party may, at any stage of the proceeding, request that the
Commission hear the witnesses and experts whose evidence the party considers
relevant. The Commission shall fix a time limit within which such hearing
shall take place.
(2) Witnesses and experts shall, as a rule, be examined before the Commission
by the parties under the control of its President. Questions may also
be put to them by any member of the Commission.
(3) If a witness or expert is unable to appear before it, the Commission,
in agreement with the parties, may make appropriate arrangements for the
evidence to be given in a written deposition or to be taken by examination
elsewhere. The parties may participate in any such examination.