-894
c. 37
Merchant Shipping (Liner Conferences) Act 1982
Merchant Shipping (Liner Conferences) Act 1982
c. 37
895
SCH.
Article 43
1. (a) The costs of the conciliators and all costs of the administra- tion of the conciliation proceedings shall be borne equally by the partics to the proceedings, unless they agree otherwise.
(b) When the conciliation proceedings have been initiated, the conciliators shall be entitled to require an advance or security for the costs referred to in article 43, paragraph 1(a).
2. Each party shall bear all expenses it incurs in connexion with the proceedings, unless the parties agree otherwise.
3. Notwithstanding the provisions of article 43, paragraphs 1 and 2, the conciliators may, having decided unanimously that a party has brought a claim vexatiously or frivolously, assess against that party any or all of the costs of other parties to the proceedings. Such decision shall be final and binding on all the parties.
3. If the parties agree that it may be in the interest-of achieving an expeditious and inexpensive solution of the conciliation proceed- ings, they may mutually agree to rules of procedure which are not inconsistent with the provisions of this Code.
4. The conciliators shall formulate their recommendation by consensus or failing that shall decide by majority vote.
5. The conciliation proceedings shall finish and the recommenda- tion of the conciliators shall be delivered not later than six months from the date on which the conciliators are appointed, except in the cases referred to in article 23, paragraph 4(e), (s), and (g), for which the time limits in article 14, paragraph 1 and article 16, paragraph 4 shall be valid. The period of six months may be extended by agreement of the parties.
SCII.
Article 44
1. Failure of a party to appear or to present its case at any stage of the proceedings shall not be deemed an admission of the other party's assertions. In that event, the other party may, at its choice, request the conciliators to close the proceedings or to deal with the questions presented to them and submit a recommendation in accord- ance with the provisions for making recommendations set out in this Code.
2. Before closing the proceedings, the conciliators shall grant the party failing to appear or to present its case a period of grace, not exceeding 10 days, unless they are satisfied that the party does not intend to appear or to present its case.
3. Failure to observe procedural time-limits laid down in this Code or determined by the conciliators, in particular time-limits relating to the submission of statements or information, shall be considered a failure to appear in the proceedings.
4. Where the proceedings have been closed owing to one party's failure to appear or to present its case, the conciliators shall draw up a report noting that party's failure.
Article 45
1. The conciliators shall follow the procedures stipulated in this
Code.
2. The rules of procedure annexed to the present Convention shall be considered as model rules for the guidance of conciliators. The conciliators may, by mutual consent, use, supplement or amend the rules contained in the annex or formulate their own rules of procedure to the extent that such supplementary, amended or other rules are not inconsistent with the provisions of this Code.
C. INSTITUTIONAL MACHINERY
Article 46
1. Six months before the entry into force of the present Conven- tion, the Secretary-General of the United Nations shall, subject to the approval of the General Assembly of the United Nations, and taking into account the views expressed by the Contracting Parties, appoint a Registrar, who may be assisted by such additional staff as may be necessary for the performance of the functions listed in article 46, paragraph 2. Administrative services for the Registrar and his assistants shall be provided by the United Nations Office at Geneva.
2. The Registrar shall perform the following functions in con- sultation with the Contracting Parties as appropriate:
(a) Maintain the list of conciliators of the international panel of conciliators and regularly inform the Contracting Parties of the composition of the panel ;
(b) Provide the names and addresses of the conciliators to the
parties concerned on request;
(c) Receive and maintain copies of requests for conciliation, replies, recommendation, acceptances, or rejections, inclu- ding reasons therefor;
(d) Furnish on request, and at their cost, copies of recom- mendations and reasons for rejection to the shippers' organizations, conferences and Governments, subject to the provisions of article 40;
(e) Make available information of a non-confidential nature on completed conciliation cases, and without attribution to the parties concerned, for the purposes of preparation of material for the Review Conference referred to in article 52; and
The other functions prescribed for the Registrar in article
26. paragraph 1(c) and article 30, paragraphs 2 and 3.