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Merchant Shipping (Liner Conferences) Act 1982
(f) Contain proposals, if any, regarding rules of procedure.
3. The statement of claim shall be dated and shall be signed by the party.
Rule 2
1. If the respondent decides to reply to the claim, he shall, within 30 days following the date of his receipt of the statement of claim, transmit a reply to the other party and copied to the Registrar.
2. The reply shall:
(a) Contain a summary statement of pertinent facts opposed to the contentions in the statement of claim, the respondent's proposal, if any, for the settlement of the dispute and any remedy claimed by him with a view to the settlement of the dispute;
(b) State whether an oral hearing is desired and, if so, and to the extent then known, the names and addresses of persons to give evidence, including experts' evidence, for the res- pondent;
(c) Be accompanied by such supporting documentation and relevant agreements and arrangements entered into by the parties as the respondent may consider necessary at the time of making the reply;
(d) Indicate the number of conciliators required, any proposal concerning the appointment of conciliators, or the name of the conciliator appointed by the respondent in accordance with article 32, paragraph 2; and
(e) Contain proposals, if any, regarding rules of procedure. 3. The reply shall be dated and shall be signed by the party.
Rule 3
1. Any person or other interest desiring to participate in concilia- tion proceedings under article 34 shall transmit a written request to the parties to the dispute, with a copy to the Registrar.
2. If participation in accordance with (a) of article 34 is desired, the request shall set forth the grounds therefor, including the infor mation required under rule 1, paragraph 2 (a), (b) and (d).
3. If participation in accordance with (b) of article 34 is desired, the request shall state the grounds therefor and which of the original parties would be supported.
4. Any objection to a request for joinder by such a party shall be sent by the objecting party, with a copy to the other party, within seven days of receipt of the request.
5. In the event that two or more proceedings are consolidated, subsequent requests for third-party participation shall be trans- mitted to all parties concerned, each of which may object in accord- ance with the present rule.
Rule 4
By agreement between the parties to the dispute, on motion by either party, and after affording the parties an opportunity of being
Merchant Shipping (Liner Conferences) Act 1982
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heard, the conciliators may order the consolidation or separation of all or any claims then pending between the same parties.
Rule 5
1. Any party may challenge a conciliator where circumstances exist that cause justifiable doubts as to his independence.
2. Notice of challenge, stating reasons therefor, should be made prior to the date of the closing of the proceedings, before the conciliators have rendered their recommendation. Any such challenge shall be heard promptly and shall be determined by majority vote of the conciliators in the first instance, as a preliminary point, in cases where more than one conciliator has been appointed. The decision in such cases shall be final.
3. A conciliator who has died, resigned, become incapacitated or disqualified shall be replaced promptly.
4. Proceedings interrupted in this way shall continue from the point where they were interrupted, unless it is agreed by the parties or ordered by the conciliators that a review or rehearing of any oral testimony take place.
Rule 6
The conciliators shall be judges of their own jurisdiction and/or competence within the provisions of the Code.
Rule 7
1. The conciliators shall receive and consider all written state- ments, documents, affidavits, publications or any other evidence, including oral evidence, which may be submitted to them by or on behalf of any of the parties, and shall give such weight thereto as in their judgement such evidence merits.
2. (a) Each party may submit to the conciliators any material it considers relevant, and at the time of such submission shall deliver certified copies to any other party to the proceedings, which party shall be given a reasonable opportunity to reply thereto;
(b) The conciliators shall be the sole judges of the relevance and materiality of the evidence submitted to them by the parties :
(c) The conciliators may ask the parties to produce such addi- tional evidence as they may deem necessary to an understanding and determination of the dispute. provided that, if such additional evidence is produced, the other parties to the proceeding shall have a reasonable opportunity to comment thereon.
Rule 8
1. Whenever a period of days for the doing of any act is provided for in the Code or in these rules, the day from which the period begins to run shall not be counted, and the last day of the period shall be counted, except where that last day is a Saturday, Sunday or a public holiday at the place of conciliation, in which case the last day shall be the next business day.
SCH.
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