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Arbitration
PART -A

PROCEDURES FOR CONCILIATION PROCEEDINGS IN THE lCA

Commencement of conciliation proceedings
3.
  (1) The party initiating conciliation shall send to the other party a written invitation   to conciliate under these rules, briefly identifying the subject of the dispute.
  (2) Conciliation proceedings shall commence when the other party accepts in   writing the invitation to conciliate.
  (3) If the other party rejects the invitation, there will be no conciliation   proceedings.
  (4) If the party initiating conciliation does not receive a reply within thirty days from   the date on which he sends the invitation, or within such other period of time as   specified in the invitation, he may elect to treat this as a rejection of the invitation   to conciliate and inform the other party accordingly.

Number and appointment of conciliators

4.
(1) These shall be one conciliator unless the parties have agreed that 11lL'1'l' ~".\    II be two or three conciliators

(2) The parties may agree to enlist the assistance of the lCA in connection with   the appointment of conciliator, and in particular:

   (a) a party may request the ICA to recommend the names of suitable individuals   to act as conciliator; or
  (b) where the agreement between the parties provides for the appointment of   conciliator by the ICA , a party may request the ICA in writing to appoint a   conciliator.

(3) Where a request in pursuance of clause

  (a) or clause (b) of sub-rule (2) is made to the lCA, the party making the request   shall send to the ICA,(a) a copy of the invitation to conciliate;
  (b) a copy of the acceptance by the other party;
  (c) a copy of the agreement, if any, between the parties providing for an amicable   settlement of dispute between them by conciliation;
  (d) any qualifications required of the conciliator;
  (e) any additional information, if required, by the lCA.

(4) In recommending or appointing an individual to act as conciliator, the lCA will   follow the procedure specified in rule 24 and will have regard to

  (a) any qualifications required of the conciliator by the agreement of the parties;
  (b) such considerations as are likely to secure the appointment of an independent   and impartial conciliator; and
  (c) where the parties are of different nationalities, the advisability of appointing a   conciliator of a nationality other than the nationalities of the parties.

(5) A successor conciliator will be appointed in the manner in which his predecessor   had been appointed.

 

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