(3) At any time 60 days after the registration of the request, if no agreement on another procedure is reached, either party may inform the Secretary-General that it chooses the formula provided for in Article 29(2)(b) of the Convention. The Secretary-General shall thereupon promptly inform the other party that the Commission is to be consti- tuted in accordance with that Article.
Rule 3
Appointment of Conciliators to a Commission Constituted
in Accordance with Convention Article 29(2)(b)
(1) If the Commission is to be constituted in accordance with Article 29(2)(b) of the Convention:
(a) either party shall, in a communication to the other party: (i) name two persons, identifying one of them as the conciliator appointed by it and the other as the conciliator proposed to be the President of the Com- mission; and
(ii) invite the other party to concur in the appointment of the conciliator proposed to be the President of the Commission and to appoint another conciliator; (b) promptly upon receipt of this communication the other
party shall, in its reply:
(i) name a person as the conciliator appointed by it; and (ii) concur in the appointment of the conciliator pro- posed to be the President of the Commission or name another person as the conciliator proposed to be President;
(c) promptly upon receipt of the reply containing such a proposal, the initiating party shall notify the other party whether it concurs in the appointment of the conciliator proposed by that party to be the President of the Com- mission.
(2) The communications provided for in this Rule shall be made or promptly confirmed in writing and shall either be transmitted through the Secretary-General or directly between the parties with a copy to the Secretary-General.
Rule 4
Appointment of Conciliators by the Chairman
of the Administrative Council
(1) If the Commission is not constituted within 90 days after the
dispatch by the Secretary-General of the notice of registration, or such other period as the parties may agree, either party may, through the Secretary-General, address to the Chairman of the Administrative Council a request in writing to appoint the conciliator or conciliators not yet appointed and to designate a conciliator to be the President of the Commission.
(2) The provision of paragraph 1 shall apply mutatis mutandis in the event that the parties have agreed that the conciliators shall elect the President of the Commission and they fail to do so.
(3) The Secretary-General shall forthwith send a copy of the request to the other party.
(4) The Chairman shall, with due regard to Article 31(1) of the Convention, and after consulting both parties as far as possible, comply with that request within 30 days after its receipt.
(5) The Secretary-General shall promptly notify the parties of any appointment or designation made by the Chairman.
Rule 5
Acceptance of Appointments
(1) The party or parties concerned shall notify the Secretary- General of the appointment of each conciliator and indicate the method of his appointment.
(2) As soon as the Secretary-General has been informed by a party or the Chairman of the Administrative Council of the appointment of a conciliator, he shall seek an acceptance from the appointee.
(3) If a conciliator fails to accept his appointment within 15 days, the Secretary-General shall promptly notify the parties, and if appropri- ate the Chairman, and invite them to proceed to the appointment of another conciliator in accordance with the method followed for the previous appointment.
Rule 6
Constitution of the Commission
(1) The Commission shall be deemed to be constituted and the proceeding to have begun on the date the Secretary-General notifies the parties that all the conciliators have accepted their appointment.
(2) Before or at the first session of the Commission, each conciliator shall sign a declaration in the following form:
"To the best of my knowledge there is no reason why I should not serve on the Conciliation Commission constituted.
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