Termination of conciliation proceedings

The conciliation proceedings are terminated

EFFECT ON THE CONCILIATION PROCEEDINGS

quot INITIATION OF THE CONCILIATION PROCEEDINGS

quot PREPARATION AND INITIATION OF THE CONCILIATION PROCEEDINGS

(a) An invitation by a party to engage in conciliation proceedings or the fact that a party was willing to participate in conciliation proceedings

(f) A document prepared solely for purposes of the conciliation proceedings.

Chapter II. quot Initiation of the conciliation proceedings quot , article 2

1. Conciliation proceedings in respect of a dispute that has arisen commence on the day on which the parties to that dispute agree to engage in conciliation proceedings.

quot 1. Except where necessary for preserving its rights, neither of the parties shall initiate, during the conciliation proceedings, any arbitral or judicial proceedings in respect of the dispute which is the subject of the conciliation proceedings.

Chapter VII. quot Conclusion of the conciliation proceedings quot , articles 20 to 25

(c) Statements or admissions made by a party in the course of the conciliation proceedings

1. When the conciliation proceedings commence, the running of the limitation period regarding the claim that is the subject matter of the conciliation is suspended.

2. Where the conciliation proceedings have terminated without a settlement agreement, the limitation period resumes running from the time the conciliation ended without a settlement agreement.

1. A party to the conciliation proceedings, the conciliator and any third person, including those involved in the administration of the conciliation proceedings, shall not in arbitral, judicial or similar proceedings rely on, introduce as evidence or give testimony or evidence regarding any of the following

4. The conciliator may, at any stage of the conciliation proceedings, make proposals for a settlement of the dispute.

There was also a suggestion to deal with the issue of termination of the conciliation proceedings in article 24.

Chapter IX. quot Prohibition of acts which might have an adverse effect on the conciliation proceedings quot , article 29

quot The parties shall refrain during the conciliation proceedings from any measure which might aggravate or widen the dispute.

As participation in the conciliation proceedings is voluntary and as the respondent refused to take part in the proceedings, the case was dropped and hence there was no decision on the merits.

The main idea of the paragraph is to allow the parties the possibility of termination of the conciliation proceedings if any indiscretion has occurred.

quot 1. The State which initiates conciliation proceedings in accordance with these rules shall send the other State a written invitation to conduct a process of conciliation in accordance with these rules, identifying and defining the subject of the dispute.

Commencement of conciliation proceedings The following text is suggested for States that might wish to adopt a provision on the suspension of the limitation period

They may also request his assistance to resolve any other difficulty they may have in reaching an agreement on the terms of the conciliation proceedings.

They may also request his assistance to resolve any other difficulty they may encounter in reaching an agreement on the modalities of the conciliation proceedings.

4. The provisions of paragraphs 1, 2 and 3 of this article apply whether or not the arbitral, judicial or similar proceedings relate to the dispute that is or was the subject matter of the conciliation proceedings.

Conduct of conciliation

Disputes and conciliation

Conciliation Commission 49

ON THE CONCILIATION

(c) By a declaration of the parties addressed to the conciliator to the effect that the conciliation proceedings are terminated, on the date of the declaration or

They may also jointly request his assistance to resolve any other difficulty that they may encounter in reaching an agreement on the modalities of the conciliation proceedings.

quot If the commission finds one or both of the parties to be refraining from extending in good faith the cooperation necessary for the satisfactory progress of the conciliation proceedings, it may terminate the proceedings without proposing terms of settlement.

The suggestion was also made to add to the text the following sentence quot If the parties agree to judicial or arbitral proceedings, the conciliation should stop. quot

The view was also expressed that the paramount principle of prior consent of the parties concerned must be kept in mind at all stages of the conciliation proceedings.

quot 1. The conciliation proceedings shall begin as soon as possible after the States concerned have agreed in writing to the application of the present rules, with or without amendments, as well as on a definition of the subject of the dispute, the number of members of the conciliation commission, its seat and the maximum duration of the proceedings, as provided in article 24.

quot 1. The conciliation proceedings shall begin as soon as the States concerned (henceforth the parties) have agreed in writing to the application of the present rules, with or without amendments, as well as on a definition of the subject of the dispute, the number of members of the conciliation commission, its seat and the maximum duration of the proceedings, as provided in article 24.

CONCILIATION, MEDIATION AND GOOD OFFICES

Federation for Peace and Conciliation

4. A conciliation is international if

quot COMPOSITION OF THE CONCILIATION COMMISSION

AN ADVERSE EFFECT ON THE CONCILIATION

It further provides that the parties may request the assistance of the Secretary General on any other difficulty they may have in reaching an agreement on the terms of the conciliation proceedings.

18. Draft article 2 of the rules contemplated that conciliation proceedings would always commence with a formal invitation by one State to another in fact, however, it was at least equally likely that proceedings would be commenced by a joint agreement, and the draft rules should reflect that possibility.

(d) By a declaration of a party to the other party or parties and the conciliator, if appointed, to the effect that the conciliation proceedings are terminated, on the date of the declaration.