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Other Alternative Dispute Resolution Methods
International Centre for the
Art. 1 Scope of Application
Chapter II: Institutions of Proceedings
Art. 2 The Notice
Chapter III: The Commission
Art. 6 General Provisions
Chapter IV: Place of Proceedings
Art. 20 Determination of Place of Conciliation Proceeding
Chapter V: Working of the Commission
Art. 21 Session of the Commission
Chapter VI: General Procedural Provisions
Art. 27 Procedural Orders
Chapter VII: Conciliation Procedures
Art. 33 Functions of the Commission
Chapter VIII: Termination of the Proceedings
Art. 40 Objections to Competence
Chapter IX: Costs
Art. 44 Cost of Proceeding
Chapter X: General Provisions
Art. 45 Final Provision
Schedule B: Conciliation (Additional Facility) Rules
Chapter I: Introduction
Where the parties to a dispute have agreed that it shall be referred to conciliation under the Conciliation (Additional Facility) Rules, the dispute shall be settled in accordance with these Rules.
Chapter II: Institution of Proceedings
(1) Any State or any national of a State wishing to institute conciliation proceedings (hereinafter called the "Requesting Party") under the Additional Facility shall send a notice 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 party sending it.
(2) The notice may be given jointly by the parties to the dispute.
(1) The notice shall:
(2) The notice may in addition set forth any provisions agreed by the parties regarding the number of conciliators and the method of their appointment, as well as any other provisions agreed concerning the settlement of the dispute.
(3) The notice shall be accompanied by five additional signed copies, and by the fee prescribed by Article 5 of the Administrative and Financial Rules (Additional Facility).
As soon as the Secretary-General shall have satisfied himself that the notice conforms in form and substance to the provisions of Article 3 of these Rules, he shall register the notice in the Conciliation (Additional Facility) Register and on the same day dispatch to the parties a certificate of registration. He shall also transmit a copy of the notice and of the accompanying documentation (if any) to the other party to the dispute (hereinafter called the "Other Party").
The certificate of registration of a notice shall:
Chapter III: The Commission
(1) Upon the dispatch of the certificate of registration of the notice for conciliation, the parties shall promptly proceed to constitute a Conciliation Commission.
(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 certificate of registration of the notice 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 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.
Notwithstanding the provisions of Article 6 (4) of these Rules, if the notice for conciliation relates to a dispute arising under any investment or agreement financed in whole or in part by the International Bank for Reconstruction and Development, the International Finance Corporation or the International Development Association, the Secretary-General shall so inform the Chairman, and the Chairman shall, when required to take any action pursuant to these Rules, select a person to whom he shall promptly delegate all the functions, responsibilities and powers assigned to the Chairman hereunder. The Secretary-General shall promptly inform the parties of any action taken pursuant to this Article.
Conciliators shall be persons of high moral character who may be relied upon to exercise independent judgment.
(1) If the parties, at the time of the registration of the notice 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:
(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 notice, 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 that provision.
(1) If the Commission is to be constituted in accordance with Article 6 (3) of these Rules:
(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 Secretary-General.
(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, or such longer period as the parties may agree. 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.
(1) The party or parties concerned shall notify the Secretary-General of the appointment of each conciliator and indicate the method of his appointment.
(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.
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.
(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:
Any conciliator failing to sign such a declaration by the end of the first session of the Tribunal shall be deemed to have resigned.
(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 18 of these Rules.
(2) A conciliator who becomes incapacitated shall, as soon as possible, notify the other members of the Commission and the Secretary-General thereof.
(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.
(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 8 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:
(4) The conciliator to whom the proposal relates may, without delay, furnish explanations to the Commission or the Chairman, as the case may be.
(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 that decision.
(6) Whenever the Chairman has to decide on a proposal to disqualify a conciliator, he shall 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.
(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.
(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 been made.
(2) In addition to filling vacancies relating to conciliators appointed by him, the Chairman shall:
(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 14 (2) of these Rules shall apply mutatis mutandis to the newly appointed conciliator.
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 recommended, if this had already been started.
Continue on to Chapter IV: Place of Proceedings