TNAG-2893-FCO40-4166-Hong-Kong-localisation-of-laws-merchant-shipping-and-carria-1993 — Page 73

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SCH.

c. 37

Merchant Shipping (Liner Conferences) Act 1982

(c) A conference or a shipping line member thereof and a shippers' organization or representatives of shippers or shippers; and

(d) Two or more conferences.

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For the purposes of this chapter the term party means the original parties to the dispute as well as third parties which have joined the proceedings in accordance with (a) of article 34.

2. Disputes between shipping lines of the same flag, as well as those between organizations belonging to the same country, shall be settled within the framework of the national jurisdiction of that country, unless this creates serious difficulties in the fulfilment of the provisions of this Code.

3. The parties to a dispute shall first attempt to settle it by an exchange of views or direct negotiations with the intention of finding a mutually satisfactory solution.

4. Disputes between the parties referred to in article 23, paragraph 1 relating to:

(@) Refusal of admission of a national shipping line to a con- ference serving the foreign trade of the country of that shipping line:

(b) Refusal of admission of a third-country shipping line to a

conference:

(c) Expulsion from a conference ;

(d) Inconsistency of a conference agreement with this Code; (e) A general freight-rate increase;

(f) Surcharges:

(g) Changes in freight rates or the imposition of a currency

adjustment factor due to exchange rate changes;

(h) Participation in trade; and

(i) The form and terms of proposed loyalty arrangements which have not been resolved through an exchange of views or direct negotiations shall, at the request of any of the parties to the dispute, be referred to international mandatory conciliation in accord- ance with the provisions of this chapter.

Article 24

1. The conciliation procedure is initiated at the request of one of the parties to the dispute.

2. The request shall be made:

(a) In disputes relating to membership of conferences: not later than 60 days from the date of receipt by the applicant of the conference decision, including the reasons therefor, in accordance with article 1, paragraph 4 and article 4, para- graph 3;

Merchant Shipping (Liner Conferences) Act 1982

c. 37

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(b) In disputes relating to general freight-rate increases: not later than the date of expiry of the period of notice specified in article 14, paragraph 1;

(c) In disputes relating to surcharges: not later than the date of expiry of the 30-day period specified in article 16, para- graph 4 or, where no notice has been given, not later than 15 days from the date when the surcharge was put into effect; and

(d) In disputes relating to changes in freight rates or the imposi- tion of a currency adjustment factor due to exchange rate changes: not later than five days after the date of expiry of the period specified in article 17, paragraph 3.

3. The provisions of artiole 24, paragraph 2 shall not apply to a dispute which is referred to international mandatory conciliation in accordance with article 25, paragraph 3.

4. Requests for conciliation in disputes other than those referred to in article 24, paragraph 2, may be made at any time.

5. The time-limits specified in article 24, paragraph 2 may be extended by agreement between the parties.

6. A request for conciliation shall be considered to have been duly made if it is proved that the request has been sent to the other party by registered letter, telegram or teleprinter or has been served on it within the time-limits specified in article 24, paragraphs 2 or 5.

7. Where no request has been made within the time-limits specified in article 24, paragraphs 2 or 5, the decision of the conference shall be final and no proceedings under this chapter may be brought by any party to the dispute to challenge that decision.

Article 25

1. Where the parties have agreed that disputes referred to in article 23, paragraph 4(a), (b), (c), (d), (li) and (i) shall be resolved through procedures other than those established in that article. or agree on procedures to resolve a particular dispute that has arisen between them, such disputes shall, at the request of any of the parties to the dispute, be resolved as provided for in their agreement.

2. The provisions of article 25, paragraph 1 apply also to the disputes referred to in article 23, paragraphi 4(e), (f) and (g), unless national legislation, rules or regulations prevent shippers from having this freedom of choice.

3. Where conciliation proceedings have been initiated, such proceedings shall have precedence over remedies available under national law. If a party seeks remedies under national law in

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