Western and Central Africa
Eastern and Southern Africa
Eastern Europe and Central Asia
Article 1 : Request for conciliation
The party that wishes to resort to conciliation shall send its
Request to the Secretariat of CEPANI.
The Request shall set out Claimant's position and be submitted
together with all relevant documents.
Article 2 : Appointment and role of the conciliator
1. The Secretariat of CEPANI shall, as quickly as possible,
inform Respondent of the Request. Within fifteen days, Respondent
may accept or reject the Request to take part in the attempt to
2. If no positive answer is given within that time limit, the
conciliation Request shall be considered void. The Secretariat of
CEPANI shall inform Claimant accordingly and without delay.
In the opposite case, the Appointments Committee or the Chairman
of CEPANI shall appoint a conciliator who shall set a time limit
for the parties to present their arguments.
3. The conciliator is free to organise the conciliation
proceedings as he sees fit.
Article 3 : Conciliation proposal and minutes
1. After payment by the parties or one of them of the advance
provided for under Article 4, paragraph 1 hereinafter, the
conciliator shall examine the case and submit a conciliation
proposal to the parties.
2. If the conciliation succeeds, the conciliator shall draft and
sign, together with the parties, minutes of the conciliation
3. When his mission ends, the conciliator shall communicate to
the Secretariat of CEPANI the minutes, signed by the parties and by
himself, that record the success or the failure of the conciliation
proceedings. The Secretariat of CEPANI shall then allocate the
costs and inform the parties accordingly in writing.
Article 4 : Costs
1. The conciliation costs shall include the conciliator's costs
and fees and CEPANI's administrative costs, in accordance with the
Schedule of costs that is in force on the day of the submission of
2. When opening the file, the Secretariat of CEPANI shall
determine the advance needed to cover the costs of
Unless otherwise agreed, the parties shall pay this advance
3. Should the advance prove to be insufficient, the Secretariat
of CEPANI shall request an additional advance that the parties
shall pay equally, unless otherwise agreed.
4. The final conciliation costs shall be determined by the
Secretariat of CEPANI and borne equally by each of the parties,
unless otherwise agreed.
Any other expenses shall be borne by the party who incurred
Article 5 : Duties of the conciliator and of the parties
1. The conciliator is bound by strict confidentiality.
2. Unless otherwise agreed by the parties, the conciliator is
prohibited from acting as an arbitrator, representative or counsel
of a party in judicial or arbitral proceedings relating to the same
3. No mention may be made in judicial or arbitral proceedings of
what was said, done or written in the course of unsuccessful
Article 6 : Notifications and communications
All notifications and communications made in pursuance of these
Rules shall be valid if they are made by delivery against receipt,
by registered mail, by courier, fax or any other means of
telecommunication that proves their dispatch. Such notifications
shall be valid if dispatched to the address or last known address
of the addressee.
Article 7 : Rules of good conduct for conciliators
Only those persons who are independent of the parties and of
their counsel and who comply with the Rules of good conduct set out
in Schedule II, may serve as conciliators in conciliation
proceedings organised by CEPANI.