Western and Central Africa
Eastern and Southern Africa
Eastern Europe and Central Asia
The Rules of Conciliation were adopted at the fifth session of
the General Assembly of the Croatian Chamber of Economy on 2 July
2002 and were published in Narodne novine (Official Gazette) No.
They came into force on 17 July 2002.
1. The Conciliation Centre (hereinafter: the Centre) operates at
the Croatian Chamber of Commerce.
2. The Centre offers services of mediation, conciliation and
other alternative dispute resolution methods where one or more
conciliators, in an independent and impartial manner, without the
authority to order a binding settlement, assist the parties to
reach a settlement on the disputed issues.
3. The carrying out of the proceedings according to these Rules
may be sought by domestic or foreign natural persons and by legal
persons established under domestic or foreign law in all disputes
over rights that they may freely dispose of.
4. The Centre has a President and a Secretary. The Office of the
President and the Secretary of the Centre is discharged by the
President and Secretary of the Permanent Arbitration Court at the
Croatian Chamber of Commerce.
5. Parties may vary or exclude any of these Rules by written
agreement, unless such agreement is contrary to the functions of
the Centre. In the case of doubt, the President of the Centre shall
rule on this issue.
1. The conciliation proceedings are commenced at the invitation
of one or more parties to a dispute. For the commencement of the
conciliation proceedings no previous agreement on conciliation is
2. The conciliation proceedings are independent from the
arbitration proceedings in the dispute between the parties.
3. Consent to the conciliation proceedings shall not be
considered to be consent to arbitration if the conciliation
proceedings do not succeed.
1. An invitation to commence the conciliation proceedings shall
be submitted to the Secretary of the Centre who will request the
other party to reply to the invitation, as a rule, within 30 days
of the receipt of the invitation. If the other party refuses
conciliation or fails to reply within the set time limit, the
conciliation proceedings shall be considered to have failed.
2. A party making or accepting an invitation to conciliate shall
be deemed to have accepted the provisions of these Rules.
3. During the conciliation proceedings, the parties shall
refrain from instituting any other proceedings, whether judicial or
arbitral, to resolve the dispute which is the subject of the
conciliation proceedings, unless such proceedings are necessary for
preserving their rights.
1. As a rule, one conciliator conducts the conciliation
proceedings. The parties may agree for more than one conciliator to
conduct the conciliation proceedings.
2. If one conciliator conducts the conciliation proceedings, the
parties shall attempt to agree on the person who shall conduct the
conciliation proceedings. If the parties do not reach an agreement
on that person, the President of the Centre shall appoint an
appropriate person as conciliator.
3. The parties may agree that the conciliation proceedings be
conducted by the President of the Centre, by a conciliator
appointed by the President of the Centre or by a conciliation board
consisting of one or more representatives of each party. If the
parties have not agreed otherwise, a conciliation board with an
even number of conciliators shall be composed of an equal number of
conciliators appointed by each party, and a conciliation board with
an odd number of conciliators shall be composed of an equal number
of conciliators appointed by each party and a presiding conciliator
appointed jointly by both parties. If the parties do not agree on
the presiding conciliator, the President of the Centre shall
4. A person who has participated in the conciliation proceedings
as a conciliator may not be an arbitrator in a dispute instituted
in the same matter between the same parties, except in the case
referred to in Article 6 of these Rules.
1. The parties may agree on the scope of the authority of the
conciliator, in particular on the extent to which he is authorised
and/or obliged to take active part in the elaboration of the
2. Subject to the agreement of the parties, the conciliator may
conduct the proceedings in such a manner as he considers
appropriate, taking into account the circumstances of the case, the
expressed wishes and expectations of the parties and the need for a
speedy and final settlement of the dispute. The conciliator may as
a rule examine the statements and proposals of the parties and,
where necessary, gather specific information and hear the
3. The conciliator may meet with parties together or with each
of them separately.
4. The conciliator may communicate information given to him by
one party to the other party, unless the party who has given the
information expressly requested that the information should be kept
5. If the parties have not agreed otherwise, the conciliator
may, after having examined the dispute, draft a written proposal
for a settlement that will be communicated to the parties.
1. If the parties reach a settlement, the contents of the
settlement shall be written in the minutes and signed by the
parties and the conciliator.
2. If the parties so request and conclude an arbitration
agreement, the conciliator may be appointed as arbitrator who will
render a consent award. The provisions of the Rules of Arbitration
(the Zagreb Rules) shall apply to the rendering of the consent
1. The statements of the parties given in conciliation
proceedings that have not succeeded may not be used as evidence in
arbitration, judicial, administrative or any other proceedings.
2. The information disclosed by the parties during the
conciliation proceedings and any suggestions for the conclusion of
a settlement shall be confidential and therefore shall be kept
secret by the parties, the conciliator and the staff of the
If the parties have not agreed otherwise, the conciliation
proceedings are terminated:
- on the day the settlement is reached, unless the settlement
does not include all disputed issues;
- by a ruling terminating the proceedings rendered by the
conciliator, or if a conciliator has not been appointed, by the
Secretary of the Centre, when it is considered that any further
efforts to carry out the conciliation proceedings are not
The Centre and the conciliators are entitled to reimbursement of
their expenses in accordance with the rules on costs in the
proceedings carried out before the Centre, as in force. The rules
on costs are determined by a decision of the Executive Board of the
Croatian Chamber of Commerce.
The following provisions shall expire with the coming into force
of these Rules:
- the Chapter: "II the Conciliation Procedure" Articles 12 to 18
and Article 28 of the Rules of National Arbitration at the Croatian
Chamber of Commerce (Off. Gaz. 113/93 - consolidated text and
- the Chapter: "Conciliation", Articles 44 to 48 of the Rules of
International Arbitration - the Zagreb Rules (Off. Gaz. 25/92).
These Rules shall come into force on the eighth day following
its publication in the Official Gazette.
Zagreb, 2 July 2002
Nadan Vidošević, m. p.