Resort to arbitral or judicial proceedings
16. The parties shall not initiate, during the conciliation proceedings, any arbitral or judicial proceedings in respect of a dispute that is the subject matter of the conciliation proceedings except that a party may initiate arbitral or judicial proceedings where, in his opinion, such proceedings are necessary for preserving his rights.
Costs
17.
(1) Upon termination of the conciliation proceedings, the conciliator shall fix the costs of the conciliation and give written notice thereof to the parties. The fee of the conciliator and any assistance provided pursuant to rule 4(2)(b) and fee and charges for any administrative assistance pursuant to rule 9 shall be fixed by the conciliator in accordance with the Schedule:
Provided that the ICA may, on request from the conciliator, fix the fee of the conciliator at a figure higher than that set out in the Schedule if, in exceptional circumstances of the case, this appears to be necessary.
(2) For the purpose of sub-rule (1), "costs" means costs relating to
(a) the fee and expenses of .the conciliator and witnesses requested by the conciliator with the consent of the parties;
(b) any expert advice requested by the conciliator with the consent of the parties;
(c) any assistance provided pursuant to rule 4(2) and rule 8;
(d) any other expenses incurred in connection with the conciliation proceedings and the settlement agreement.
(3) Where more than one conciliator is appointed, each conciliator shall be paid separately the fee set out in the Schedule.
(4) The costs shall be borne equally by the parties unless the settlement agreement provides for a different apportionment. All other expenses incurred by a party shall be borne by that party.
Deposits
18.
(1) The conciliator will. upon his appointment, in consultation with the ICA direct each party to deposit with the ICA an equal amount as an advance for the costs referred to in rule 17(2) which he expects will be incurred.
(2) During the course of the conciliation proceedings, the conciliator may. in consultation with the ICA ., direct supplementary deposits with the ICA in an equal amount from each party for the costs referred to in sub-rule(l).
(3) If the required deposits under sub-rules (1) and (2) are not made in full within thirty days. the conciliator will inform the parties in order that one or the other party may make the required deposit and if the required deposit is not made, the conciliator may suspend the proceedings, or may make a written declaration of termination of the proceedings to the parties, effective on the date of that declaration.
(4) Subject to any settlement agreement, upon termination of the conciliation proceedings, the ICA shall apply the deposits to the costs of the proceedings, render an accounting to the parties of the deposits received and applied and return any unexpended balance, to the parties.
