Conciliation Relevant Provision

Conciliation Relevant Provision

Article (3) Conciliation Proceedings

3.1. Any party wishing to commence a conciliation under the Rules shall submit to the Centre an application for conciliation by email or in accordance with the terms of use of any electronic case management system implemented by the Centre.

3.2. The application shall include the full names and complete contact details of the parties, a description of the facts and relevant circumstances of the dispute and an estimate of the sum claimed or in dispute, together with any supporting documents.

3.3. Together with the application, the party shall make payment of the registration fee specified in the Table in force on the date the application is submitted.

3.4. The Centre shall notify the application for conciliation to the other party using the contact details provided in the application.

3.5. Should the other party agree to conciliation, it shall submit a reply to the application for conciliation by email or in accordance with the terms of use of any electronic case management system implemented by the Centre within 15 days following notification.

3.6. Following the submission of a reply, the matter shall be submitted to one conciliator, to be appointed by the Arbitration Court, unless the parties agree to a panel of three conciliators.

3.7. The relevant provisions of Article 14 shall apply to the appointment of the conciliator(s) with any changes that the Centre deems necessary. Unless agreed by all parties, neither conciliator appointed under this Article 3 shall act as an arbitrator in any arbitration related to the dispute subject to the conciliation proceedings or in respect of another dispute that has arisen from the same legal relationship(s).

3.8. Either party may object to the conciliator appointed by the Arbitration Court within 7 days of the notification of such appointment. The Arbitration Court shall consider the objection and if it is upheld shall appoint a replacement conciliator.

3.9. A copy of the file shall be transmitted to the conciliator upon full payment of the Centre’s administrative fees and the conciliator’s fees and expenses, as fixed by the Arbitration Court.

3.10. The conciliator shall have absolute discretion to determine the procedure of the conciliation process, giving each party a reasonable opportunity to present their respective positions and having due regard to the relevant circumstances. The conciliator, at any stage of the conciliation proceedings, with the consent of the parties, may make proposals for a settlement of the dispute. Such proposals need not be in writing and need not be accompanied by a statement of reasons.

3.11. The conciliator shall in any event conclude the conciliation proceedings within 2 months from the date of the transmission of the file to the conciliator by the Centre, unless extended by the agreement of the parties.

3.12. If the parties agree on a settlement of the dispute, the conciliator shall facilitate the preparation of a formal settlement agreement recording the settlement between the parties.

3.13. If the attempt at conciliation fails, the conciliator shall terminate the conciliation proceedings without prejudice to the merits of the dispute. In such case, at the request of either party, the Centre shall issue a certificate that the attempt at conciliation failed and the conciliation proceedings were terminated without any further comments or consideration of the merits.