TNAG-2820-FCO40-4069-Future-of-Hong-Kong-International-Rights-and-Obligations-(IR-1993 — Page 16

714

CH. 41

Arbitration (International Investment Disputes) Ac: 1966

SCA.

2-

ARTICLE 30

If the Commission shall not have been constituted within 90 after notice of registration of the request has been dispatched by Secretary-General in accordance with paragraph (3) of Article: or such other period as the parties may agree, the Chairman shall, the request of either party and after consulting both parties as:1 as possible, appoint the conciliator or conciliators not yet appointed.

ARTICLE 31

(1) Conciliators may be appointed from outside the Panel Conciliators, except in the case of appointments by the Chairman pursuant to Article 30.

(2) Conciliators appointed from outside the Panel of Conciliator shall possess the qualities stated in paragraph (1) of Article 14.

SECTION 3

Conciliation Proceedings

ARTICLE 32

(1) The Commission shall be the judge of its own competence. (2) Any objection by a party to the dispute that that dispute is not within the jurisdiction of the Centre, or for other reasons is not within the competence of the Commission, shall be considered by the Commission which shall determine whether to deal with it as a preliminary question or to join it to the merits of the dispute.

ARTICLE 33

Any conciliation proceeding shall be conducted in accordance with the provisions of this Section and, except as the parties otherwise agree, in accordance with the Conciliation Rules in effect on the date on which the parties consented to conciliation. If any question of procedure arises which is not covered by this Section or the Con- ciliation Rules or any rules agreed by the parties, the Commission shall decide the question.

ARTICLE 34

(1) It shall be the duty of the Commission to clarify the issues in dispute between the parties and to endeavour to bring about agree ment between them upon mutually acceptable terms. To that end. the Commission may at any stage of the proceedings and from time to time recommend terms of settlement to the parties. The parties shall cooperate in good faith with the Commission in order to enable the Commission to carry out its functions, and shall give their most serious consideration to its recommendations.

(2) If the parties reach agreement, the Commission shall draw up a report noting the issues in dispute and recording that the parties have reached agreement. If, at any stage of the proceedings, it appears to the Commission that there is no likelihood of agreement between the parties, it shall close the proceedings and shall draw up a report noting the submission of the dispute and recording the