Article 1
At the request of a party, conciliation proceedings can be
conducted where the Centre may have jurisdiction as to the subject
matter. They are not subject to the existence of a valid
arbitration agreement.
Article 2
The request for the opening of conciliation proceedings shall be
filed with the Secretariat of the Centre. The latter shall invite
the opposing party or parties to reply within thirty days after
service of the request. If a party refuses to participate in the
conciliation proceedings or does not reply within that period, the
attempted conciliation shall be considered as having failed.
Article 3
When the opposing party or parties accepts/accept recourse to
conciliation, the Board shall nominate one of its members or
another qualified person to act as conciliator. The latter shall
study the documents submitted by the parties, shall convene them to
a hearing and shall then submit proposals for the amicable
settlement of the dispute.
Article 4
If agreement is reached, that shall be the subject of a record
signed by the parties and the conciliator. If a valid arbitration
agreement exists, the Board shall appoint the conciliator as sole
arbitrator, provided that all parties so request. The sole
arbitrator must authenticate the agreement in the form of a
settlement or, if the parties so wish, make an award on the basis
of the agreement.
Article 5
If no agreement is reached, the conciliation shall be considered
as having failed. Declarations made by the parties in the course of
conciliation proceedings shall not bind them in later arbitration
proceedings. Except under the conditions set forth in Article 4 of
these Rules, the conciliator may not be appointed as an arbitrator
in subsequent arbitration proceedings.
Article 6
The costs of the conciliation proceedings and those of any
activity of the conciliator under the conditions set forth in
Article 4 shall be fixed by the Secretary at an appropriate share
of the costs applicable for arbitration proceedings on the basis of
the corresponding amount in dispute (Article 24 paragraph 1 of the
Rules of Arbitration). The same shall apply to the deposits against
costs to be fixed by the Secretary.