Section 142p. 142

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME II

remedy. A Contracting State may require the exhaustion

of local administrative or judicial remedies as a condition

of its consent to arbitration under this Convention.

ARTICLE 27

(1) No Contracting State shall give diplomatic protection,

or bring an international claim, in respect of a dispute

which one of its nationals and another Contracting State

shall have consented to submit or shall have submitted to

arbitration under this Convention, unless such other

Contracting State shall have failed to abide by and

comply with the award rendered in such dispute.

(2) Diplomatic protection, for the purposes of paragraph

(1), shall not include informal diplomatic exchanges for

the sole purpose of facilitating a settlement of the

dispute.

CHAPTER III Conciliation

SECTION 1 Request for Conciliation

ARTICLE 28

(1) Any Contracting State or any national of a Contracting

State wishing to institute conciliation proceedings shall

address

a

request

to

that

effect

in

writing to the

Secretary-General who shall send a copy of the request to

the other party.

(2) The request shall contain information concerning the

issues in dispute, the identity of the parties and their

consent to conciliation in accordance with the rules of

procedure

for

the

institution

of

conciliation

and

arbitration proceedings.

(3) The Secretary-General shall register the request unless

he finds, on the basis of the information contained in the

request,

that

the

dispute

is

manifestly

outside

the

jurisdiction of the Centre. He shall forthwith notify the

parties of registration or refusal to register.

SECTION 2 Constitution of the Conciliation

Commission

ARTICLE 29

(1) The Conciliation Commission (hereinafter called the

Commission) shall be constituted as soon as possible

after registration of a request pursuant to Article 28.

(2) (a) The Commission shall consist of a sole conciliator or

any uneven number of conciliators appointed as the

parties shall agree.

(b) Where the parties do not agree upon the number of

conciliators and the method of their appointment, the

Commission

shall

consist

of

three

conciliators,

one

conciliator appointed by each party and the third, who

shall be the president of the Commission, appointed by

agreement of the parties.

ARTICLE 30

If the Commission shall not have been constituted within

90 days after notice of registration of the request has

been dispatched by the Secretary-General in accordance

with paragraph (3) of Article 28, or such other period as

the parties may agree, the Chairman shall, at the request

of either party and after consulting both parties as far as

possible, appoint the conciliator or conciliators not yet

appointed.

ARTICLE 31

(1) Conciliators may be appointed from outside the Panel

of Conciliators, except in the case of appointments by the

Chairman pursuant to Article 30.

(2) Conciliators appointed from outside the Panel of

Conciliators

shall

possess

the

qualities

stated

in

paragraph (1) of Article 14.

SECTION 3 Conciliation Proceedings

ARTICLE 32

(1)

The

Commission

shall

be

the

judge of its own

competence.

(2) Any objection by a party to the dispute that that

dispute is not within the jurisdiction of the Centre, or for

other reasons is not within the competence of the

Commission, shall be considered by the Commission

which shall determine whether to deal with it as a

preliminary question or to join it to the merits of the

dispute.

ARTICLE 33

Any

conciliation

proceeding

shall

be

conducted

in

accordance with the provisions of this Section and, except

as the parties otherwise agree, in accordance with the

Conciliation Rules in effect on the date on which the

parties consented to conciliation. If any question of

procedure arises which is not covered by this Section or

the Conciliation Rules or any rules agreed by the parties,

the Commission shall decide the question.

ARTICLE 34

(1) It shall be the duty of the Commission to clarify the

issues in dispute between the parties and to endeavour to

bring about agreement between them upon mutually

acceptable terms. To that end, the Commission may at

any stage of the proceedings and from time to time

recommend terms of settlement to the parties. The

parties shall cooperate in good faith with the Commission

in order to enable the Commission to carry out its

functions, and shall give their most serious consideration

to its recommendations.

(2) If the parties reach agreement, the Commission shall

draw up a report noting the issues in dispute and

recording that the parties have reached agreement. If, at

any

stage

of

the

proceedings,

it

appears

to

the

Commission that there is no likelihood of agreement

between the parties, it shall close the proceedings and

shall draw up a report noting the submission of the

dispute and recording the failure of the parties to reach

agreement. If one party fails to appear or participate in

the

proceedings,

the

Commission

shall

close

the

proceedings and shall draw up a report noting that

party's failure to appear or participate.

ARTICLE 35

Except as the parties to the dispute shall otherwise agree,

neither

party

to

a

conciliation

proceeding

shall

be

entitled

in

any

other

proceeding,

whether

before

arbitrators or in a court of law or otherwise, to invoke or

rely on any views expressed or statements or admissions

or offers of settlement made by the other party in the

conciliation

proceedings,

or

the

report

or

any

recommendations made by the Commission.

CHAPTER IV Arbitration

SECTION 1 Request for Arbitration

ARTICLE 36

(1) Any Contracting State or any national of a Contracting

State wishing to institute arbitration proceedings shall

address

a

request

to

that

effect

in

writing to the

Secretary-General who shall send a copy of the request to

the other party.

(2) The request shall contain information concerning the

issues in dispute, the identity of the parties and their

consent to arbitration in accordance with the rules of

procedure

for

the

institution

of

conciliation

and

arbitration proceedings.

(3) The Secretary-General shall register the request unless

he finds, on the basis of the information contained in the

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