i
*890
c. 37
SCH.
Merchant Shipping (Liner Conferences) Act 1982
4. Subject to the provisions of article 25, paragraph 2, the parties to the dispute may at any time during the conciliation proceedings decide in agreement to have recourse to a different procedure for the settlement of their dispute. The parties to a dispute which has been made subject to proceedings other than those provided for in this chapter may decide by mutual agreement to have recourse to international mandatory conciliation.
Merchant Shipping (Liner Conferences) Act 1982
c. 37
89
conciliators to consider the consolidated cases from among the con- ciliators so far appointed or chosen, provided that an uneven number of conciliators is chosen and that the conciliator first appointed by cach party shall be one of the conciliators considering the con- solidated case.
SCH.
Article 34
Article 32
1. The conciliation proceedings shall be conducted either by one conciliator or by an uneven number of conciliators agreed upon or designated by the parties.
2. Where the parties cannot agree on the number or the appoint- ment of the conciliators as provided in article 32, paragraph 1, the conciliation proceedings shall be conducted by three conciliators, one appointed by cach party in the statement(s) of claim and reply respectively, and the third by the two conciliators thus appointed, who shall act as chairman.
3. If the reply does not name a conciliator to be appointed in cases where article 32, paragraph 2 would apply, the second con- ciliator shall, within 30 days following the receipt of the statement of claim, be chosen by lot by the conciliator appointed in the state- ment of claim from among the members of the panel nominated by the Contracting Party or Partics of which the respondent(s) is(are) a national(s).
4. Where the conciliators appointed in accordance with article 32, paragraphs 2 or 3 cannot agree on the appointment of the third conciliator within 15 days following the date of the appointment of the second conciliator, he shall, within the following 5 days, be chosen by lot by the appointed conciliators. Prior to the drawing by lot:
(a) No member of the panel of conciliators having the same nationality as either of the two appointed conciliators shall be eligible for selection by lot;
(b) Each of the two appointed conciliators may exclude from the list of the panel of conciliators an equal number of them subject to the requirement that at least 30 members of the panel shall remain eligible for selection by lot.
Any party, other than an appropriate authority referred to in article 28, if conciliation has been initiated, may join in the proceed- ings:
either
(a) As a party, in case of a direct economic interest;
or
(b) As a supporting party to one of the original parties, in case
of an indirect economic interest,
unless either of the original partics objects to such joinder.
Article 35
1. The recommendations of the conciliators shall be made in accor- dance with the provisions of this Code.
2. When the Code is silent upon any point, the conciliators shall apply the law which the parties agree at the time the conciliation pro- ceedings commence or thereafter, but not later than the time of submission of evidence to the conciliators. Failing such agreement, the law which in the opinion of the conciliators is most closely con- nected with the dispute shall be applicable.
3. The conciliators shall not decide ex aequo et bono upon the dispute unless the partics so agree after the dispute has arisen.
4. The conciliators shall not bring a finding of non liquet on tho ground of obscurity of the law.
5. The conciliators may recommend those remedies and reliefs which are provided in the law applicable to the dispute.
Article 36
The recommendations of the conciliators shall include reasons.
Article 33
1. Where several parties request conciliation with the same respon- dent in respect of the same issue, or of issues which are closely con- nected, that respondent may request the consolidation of those cases.
2. The request for consolidation shall be considered and decided upon by majority vote by the chairmen of the conciliators so far chosen. If such request is allowed, the chairmen will designate the
Article 37
1. Unless the parties have agreed before, during or after the conciliation procedure that the recommendation of the conciliators shall be binding, the recommendation shall become binding by acceptance by the parties. A recommendation which has been accepted by some parties to a dispute shall be binding as between those parties only.
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