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STOCKHOLM CONVENTION
2. Before rendering its final decision, the arbitral Part II: Conciliation procedure Article 4 Article 8
tribunal must satisfy itself that the claim is well
founded in fact and law. The conciliation procedure for purposes of pa- If the President of the conciliation commission Any disagreement as to whether the conciliation
ragraph 6 of Article 18 of the Convention shall has not been chosen within two months of the commission has competence to consider a mat-
Article 14 be as follows: second member of the commission being appo- ter referred to it shall be decided by the commis-
inted, the Secretary-General of the United Nati- sion.
The tribunal shall render its final decision within Article 1 ons shall, upon request by a party, designate the
five months of the date on which it is fully cons- President within a further two- month period. Article 9
tituted unless it finds it necessary to extend the 1. A request by a party to a dispute to establish
time limit for a period which should not exceed a conciliation commission in consequence of Article 5 The costs of the commission shall be borne by
five more months. paragraph 6 of Article 18 shall be addressed in the parties to the dispute in shares agreed by
writing to the Secretariat. The Secretariat shall 1. The conciliation commission shall, unless the them. The commission shall keep the record of
Article 15 forthwith inform all Parties to the Convention parties to the dispute otherwise agree, determi- all its costs and shall furnish a final statement
accordingly. ne its own rules of procedure. thereof to the parties.
The final decision of the arbitral tribunal shall
be confined to the subject matter of the dispute 2. The conciliation commission shall, unless the 2. The parties and members of the commission
and shall state the reasons on which it is based. parties otherwise agree, be composed of three are under an obligation to protect the confiden-
It shall contain the names of the members who members, one appointed by each party con- tiality of any information they receive in confi-
have participated and the date of the final de- cerned and a President chosen jointly by those dence during the proceedings of the commissi-
cision. Any member of the tribunal may attach members. on.
a separate or dissenting opinion to the final de-
cision. Article 2 Article 6
Article 16 In disputes between more than two parties, The conciliation commission shall take its decisi-
parties in the same interest shall appoint their ons by a majority vote of its members.
The award shall be binding on the parties to the members of the commission jointly by agree-
dispute. The interpretation of the Convention ment. Article 7
given by the award shall also be binding upon a
Party intervening under Article 10 above insofar Article 3 The conciliation commission shall render a re-
as it relates to matters in respect of which that port with recommendations for resolution of the
Party intervened. The award shall be without If any appointments by the parties are not dispute within twelve months of being estab-
appeal unless the parties to the dispute have ag- made within two months of the date of receipt lished, which the parties shall consider in good
reed in advance to an appellate procedure. by the Secretariat of the written request refer- faith.
red to in Article 1, the Secretary-General of the
Article 17 United Nations shall, upon request by a party,
make those appointments within a further two-
Any controversy which may arise between those month period.
bound by the final decision in accordance with
Article 16 above, as regards the interpretation or
manner of implementation of that decision, may
be submitted by any of them for decision to the
arbitral tribunal which rendered it.
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