888
SCH.
c. 37
Merchant Shipping (Liner Conferences) Act 1982
respect of a dispute to which this chapter applies without invoking the procedures provided for in this chapter, then, upon the request of a respondent to those proceedings, they shall be stayed and the dispute shall be referred to the procedures defined in this chapter by the court or other authority where the national remedies are sought.
Article 26
1. The Contracting Parties shall confer upon conferences and shippers' organizations such capacity as is necessary for the applica tion of the provisions of this chapter. In particular:
(a) A conference or a shippers' organization may institute proceedings as a party or be named as a party to proceed- ings in its collective capacity:
(b) Any notification to a conference or shippers' organization in its collective capacity shall also constitute a notification to each member of such conference or shippers' organization; (c) A notification to a conference or shippers' organization shall be transmitted to the address of the head office of the conference or shippers' organization. Each conference or shippers' organization shall register the address of its head office with the Registrar appointed in accordance with article 46, paragraph 1. In the event that a conference or a shippers' organization fails to register or has no head office, a notification to any member in the name of the conference or shippers' organization shall be deemed to be a notification to such conference or organization.
2. Acceptance or rejection by a conference or shippers' organiza- tion of a recommendation by conciliators shall be deemed to be acceptance or rejection of such a recommendation by each member thereof.
Article 27
Unless the parties agree otherwise, the conciliators may decide to make a recommendation on the basis of written submissions without oral proceedings.
Merchant Shipping (Liner Conferences) Act 1982
c. 37
889
arising in the context of the foreign trade of that Contracting Party. The appropriate authority may alternatively act as an observer in such conciliation proceedings.
Article 29
1. In international mandatory conciliation the proceedings shall be held in the place unanimously agreed to by the parties or. failing such agreement, in the place decided upon by the con- ciliators.
2. In determining the place of conciliation proceedings the partics and the conciliators shall take into account, inter alia, countries which are closely connected with the dispute, bearing in mind the country of the shipping line concerned and, especially when the dispute is related to cargo, the country where the cargo originates.
Article 30
1. For the purposes of this chapter an international panel of conciliators shall be established, consisting of experts of high repute or experience in the fields of law, cconomics of sea transport, or foreign trade and finance, as determined by the Contracting Parties selecting them, who shall serve in an independent capacity.
2. Each Contracting Party may at any time nominate members of the panel up to a total of 12, and shall communicate their names to the Registrar. The nominations shall be for periods of six years cach and may be renewed. In the event of the death, incapacity or resignation of a member of the panel, the Contracting Party which nominated such person shall nominate a replacement for the remainder of his term of office. A nomination takes effect from the date on which the communication of the nomination is received by the Registrar.
3. The Registrar shall maintain the panel list and shall regularly inform the Contracting Parties of the composition of the panel.
SCH.
B. INTERNATIONAL MANDATORY CONCILIATION
Article 28
In international mandatory conciliation the appropriate authorities of a Contracting Party shall, if they so request, participate in the conciliation proceedings in support of a party being a national of that Contracting Party, or in support of a party having a dispute
Article 31
1. The purpose of conciliation is to reach an amicable settlement of the dispute through recommendations formulated by independent conciliators.
2. The conciliators shall identify and clarify the issues in dispute, seek for this purpose any information from the parties, and on the basis thereof, submit to the parties a recommendation for the settle- ment of the dispute.
3. The parties shall co-operate in good faith with the conciliators in order to enable them to carry out their functions.