Western and Central Africa
Eastern and Southern Africa
Eastern Europe and Central Asia
Article 1 : Principle and terms
1. The parties who have so agreed may request the Secretariat of
CEPANI to appoint a third person whose mission shall be to complete
the contract on items unforeseen by them, or to adapt their common
intent to new situations.
Depending on its scope as determined by the parties, the mission
shall lead to a recommendation or a decision.
2. Any party wishing to resort to such proceedings shall send a
Request to the Secretariat of CEPANI.
The Request shall set out Claimant's position and be submitted
together will all relevant documents.
3. The Appointments Committee or the Chairman of CEPANI shall
appoint the third person.
Where the Request is submitted by one party alone, the
Secretariat shall notify the other party accordingly as soon as
It shall allow the other party a time limit of fifteen days in
which to present its comments before making the requested
4. The parties may agree to appoint the third person, subject to
the approval of the Appointments Committee or the Chairman of
5. The third person is free to organise the proceedings as he
Article 2 : Costs
1. The costs of the adaptation of contract proceedings shall
include the third person's costs and fees as well as the
administrative expenses of the Secretariat of CEPANI.
2. When opening the file, the Secretariat of CEPANI shall
determine the advance needed to cover the costs of the adaptation
of contracts proceedings, due regard being given to the
circumstances of the case.
Unless otherwise agreed, the parties shall contribute equally to
3. The Secretariat of CEPANI shall transmit the file to the
third person as soon as the advance is paid.
4. Should the advance prove to be insufficient, the Secretariat
of CEPANI shall request an additional advance that the parties
shall contribute equally to, unless otherwise agreed.
5. The final cost of the adaptation of contracts proceedings
shall be determined by the Secretariat of CEPANI and be borne
equally by each of the parties, unless otherwise agreed.
The parties shall be liable for their own expenses.
Article 3 : 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 4 : Rules of good conduct for third persons
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 third persons in adaptation of
contracts proceedings organised by CEPANI.