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Arbitration

Submission of statements to conciliator
5.
(1) The conciliator may, upon his appointment, request each party to submit to him and the ICA a brief statement in writing describing the general nature of the dispute, the points at issue and the amount, if any, of the claim. Each party shall send a copy of such statement to the other party.
(2) The conciliator may request each party to submit to him and the ICA a further statement in writing of his position and the facts and grounds in support thereof, supplemented by any documents and other evidence that such party deems appropriate. The party shall send of copy of such statement, documents and other evidence to the other party.
(3) At any stage of the conciliation proceedings, the conciliator may request a party to submit to him and the lCA such additional information as he deems appropriate.

Representation and assistance
6. Each party shall advise, in writing, the other party and the conciliator of
(a) the name and address of any person who will represent or assist him, and
(b) the capacity in which that person will represent.
Role of conciliator
7.
(1) The conciliator shall assist the parties in an independent and impartial manner in their attempt to reach an amicable settlement of their dispute.
(2) The conciliator shall be guided by principles of objectivity, fairness and justice, giving consideration to, among other things, the rights and obligations of the parties, the usages of the trade concerned and the circumstances surrounding the dispute, including any previous business practices between the parties.
(3) The conciliator may conduct the conciliation proceedings in such manner as he considers appropriate, taking into account the circumstances of the case, the wishes the parties may express, including any request by a party that the conciliator hear oral statements, and the need for a speedy settlement of the dispute.
(4) The conciliator may, at any stage of the conciliation proceedings, make proposals for a settlement of the dispute. Such proposals need not be in writing and need not be accompanied by a statement of the reasons therefor.

Administrative services
8.
The ICA will arrange the administrative services specified in Part B if
(a) the parties designate the ICA for arranging such services in the agreement to conciliate;
(b) the parties, or the conciliator with the consent of the parties, request the ICA to arrange such services.

Communication between conciliator and parties
9.
(1) The conciliator may invite the parties to meet him or may communicate with them orally or in writing. He may meet or communicate with the parties together or with each of them separately.
(2) Unless the parties have agreed upon the place where meetings with the conciliator are to be held, such place shall be determined by the conciliator, taking into consideration the circumstances of the conciliation proceedings Provided that where administrative assistance by the ICA is sought under rule 8, the place where meetings with conciliator are to be held shall be determined in consultation with the ICA .

 

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