892-
Sch.
c. 37
Merchant Shipping (Liner Conferences) Act 1982
2. Acceptance of the recommendation must be communicated by the parties to the conciliators, at an address specified by them, not later than 30 days after receipt of the notification of the recom- mendation; otherwise, it shall be considered that the recommenda- tion has not been accepted.
3. Any party which does not accept the recommendation shall notify the conciliators and the other parties, within 30 days follow- ing the period specified in article 37, paragraph 2 of its grounds for rejection of the recommendation, comprehensively and in writing.
4. When the recommendation has been accepted by the partics, the conciliators shall immediately draw up and sign a record of settlement, at which time the recommendation shall become binding upon those parties. If the recommendation has not been accepted by all parties, the conciliators shall draw up a report with respect to those parties rejecting the recommendation, noting the dispute and the failure of those parties to settle the dispute.
5. A recommendation which has become binding upon the parties shall be implemented by them immediately or at such later time as is specified in the recommendation.
6. Any party may make its acceptance conditional upon acceptance by all or any of the other parties to the dispute.
Article 38
1. A recommendation shall constitute a final determination of a dispute as between the parties which accept it, except to the extent that the recommendation is not recognized and enforced in accord- ance with the provisions of article 39.
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2. Recommendation" includes an interpretation, clarification or revision of the recommendation made by the conciliators before the recommendation has been accepted.
Article 39
1. Each Contracting Party shall recognize a recommendation as binding between the parties which have accepted it and shall, subject to the provisions of article 39, paragraphs 2 and 3, enforce, at the request of any such party, all obligations imposed by the recom- mendation as if it were a final judgment of a court of that Con- tracting Party.
2. A recommendation shall not be recognized and enforced at the request of a party referred to in article 39, paragraph 1 only if the court or other competent authority of the country where recognition and enforcement is sought is satisfied that:
(a) Any party which accepted the recommendation was, under the law applicable to it, under some legal incapacity at the time of acceptance ;
(b) Fraud or coercion has been used in the making of the
recommendations ;
Merchant Shipping (Liner Conferences) Act 1982
c. 37
893
(c) The recommendation is contrary to public policy (ordre
public) in the country of enforcement; or
(d) The composition of the conciliators, or the conciliation procedure, was not in accordance with the provisions of this Code.
3. Any part of the recommendation shall not be enforced and recognized if the court or other competent authority is satisfied that such part comes within any of the subparagraphs of article 39. paragraph 2 and can be separated from other parts of the recom- mendation. If such part cannot be separated, the entire recommen- dation shall not be enforced and recognized.
Article 40
1. Where the recommendation has been accepted by all the parties, the recommendation and the reasons therefor may be published with the consent of all the parties.
2. Where the recommendation has been rejected by one or more of the partics but has been accepted by one or more of the parties: (a) The party or parties rejecting the recommendation shall publish its or their grounds for rejection, given pursuant to article 37, paragraph 3, and may at the same time publish the recommendation and the reasons therefor;
(b) A party which has accepted the recommendation may publishi the recommendation and the reasons therefor; it may also publish the grounds for rejection given by any other party unless such other party has already published its rejection and the grounds therefor in accordance with article 40, paragraph 2(a).
3. Where the recommendation has not been accepted by any of the parties, cach party. may publish the recommendation and the reasons therefor and also its own rejection and the grounds therefor.
Article 41
1. Documents and statements containing factual information sup- plied by any party to the conciliators shall be made public unless that party or a majority of the conciliators agrees otherwise.
2. Such documents and statements supplied by a party may be tendered by that party in support of its case in subsequent proceed- ings arising from the same dispute and between the same parties.
Article 42
Where the recommendation has not become binding upon the parties, no views expressed or reasons given by the conciliators, or concessions or offers made by the parties for the purpose of the conciliation procedure, shalf affect the legal rights and obligations of any of the parties.
SCH.