1772-(14)

II SÉRIE-A — NÚMERO 72

2 — A conciliation commission constituted for a dispute shall take no further action if, even after the dispute has been submitted to it, one or all of the parties refer the dispute to a court or tribunal whose jurisdiction in respect of the dispute the parties thereto are under a legal obligation to accept.

3 — A conciliation commission shall postpone examining a dispute if this dispute has been submitted to another body which has competence to formulate proposals with respect to this dispute. If those prior efforts do not lead to a settlement of the dispute, the commission shall resume its work at the request of the parties or one of the parties to the dispute, subject to the provisions of article 26, paragraph 1.

4 — A State may, at the time of signing, ratifying or acceding to this Convention, make a reservation in order to ensure the compatibility of the mechanism of dispute settlement that this Convention establishes with other means of dispute settlement resulting from international undertakings applicable to that State.

5 — If, at any time, the parties arrive at a settlement of their dispute, the commission or tribunal shall remove the dispute from its list, on receiving written confirmation from all the parties thereto that they have reached a settlement of the dispute.

6 — In the event of disagreement between the parties to the dispute with regard to the competence of the commission or the tribunal, the decision in the matter shall rest with the commission or the tribunal.

CHAPTER III Conciliation

Article 20

Request Tor the constitution of a conciliation commission

1 — Any State party to this Convention may lodge an application with the registrar requesting the constitution of a conciliation commission for a dispute between it and one or more other States parties. Two or more States parties may also jointly lodge an application with the registrar.

2 — The constitution of a conciliation commission may also be requested by agreement between two or more States parties or between one or more States parties and one more other CSCE participating States. The agreement shall be notified to the registrar.

Article 21 Constitution of the conciliation commission

1 — Each party to the dispute shall appoint, from the list of conciliators established in accordance with article 3, one conciliator to sit on the commission.

2 — When more than two States are parties to the same dispute, the States asserting the same interest may agree to appoint one single conciliator. If they do not so agree, each of the two sides to the dispute shall appoint the same number of conciliators up to a maximum decided by the Bureau.

3 — Any State which is a party to a dispute submitted to a conciliation commission and which is not a party to this Convention, may appoint a person to sit on the commission, either from the list of conciliators established in accordance with article 3, or from among other

persons who are nationals of a CSCE participating State. In this event, for the purpose of examining the dispute, such persons shall have the same rights and the same

obligations as the other members of the commission.

They shall perform their functions in full independence

and shall make the declaration required by article 5 before taking their seats on the commission.

4 — As soon as the application or the agreement whereby the parties to a dispute have requested the constitution of a conciliation commission is received, the president of the Court shall consult the parties to the dispute as to the composition of the rest of the commission.

5 — The Bureau shall appoint three further conciliators to sit on the commission. This number can be increased or decreased by the Bureau, provided it is uneven. Members of the Bureau and their alternates, who are on the list of conciliators, shall be eligible for appointment to the commission.

6 — The commission shall elect its chairman from among the members appointed by the Bureau.

7 — The rules of the Court shall stipulate the procedures applicable if an objection is raised to one of the members appointed to sit on the commission or if that member is unable to or refuses to sit at the commencement or in the course of the proceedings.

8 — Any question as to the application of this article shall be decided by the Bureau as a preliminary matter.

Article 22

Procedure for the constitution of a conciliation commission

1 — If the constitution of a conciliation commission is requested by means of an application, the application shall state the subject of the dispute, the name of the party or parties against which the application is directed, and the name of the conciliator or conciliators appointed by the requesting party or parties to the dispute. The application shall also briefly indicate the means of settlement previously resorted to.

2 — As soon as an application has been received, the registrar shall notify the other party or parties to the dispute mentioned in the application. Within a period of fifteen days from the notification, the other party or parties to the dispute shall appoint the conciliator or conciliators of their choice to sit on the commission. If, within this period, one or more parties to the dispute have not appointed the member or members of the commission whom they are entitled to appoint, the Bureau shall appoint the appropriate number of conciliators. Such appointment shall be made from among the conciliators appointed in accordance with article 3 by the party or each of the parties involved or, if those parties have not yet appointed conciliators, from among the other conciliators not appointed by the other party or parties to the dispute.

3 — If the constitution of a conciliation commission is requested by means of an agreement, the agreement shall state the subject of the dispute. If there is no agreement, in whole or in part, concerning the subject of the dispute, each party thereto may formulate its own position in respect of such subject.

4 — At the same time as the parties request the constitution of a conciliation commission by agreement, each party shall notify the registrar of the name of the conciliator or conciliators whom it has appointed to sit on the commission.