北京仲裁委员会

奥地利工商会国际仲裁中心调解规则

发布时间: Wed Apr 16 00:00:00 CST 2008   供稿人:

奥地利工商会国际仲裁中心

调解规则

 

Conciliation Rules

Translation from the authentic German text

Article 1

1.   At the request of a party, conciliation proceedings can be conducted where the Centre may have jurisdiction as to the subject matter. They are not subject to the existence of a valid arbitration agreement.

Article 2

1.   The request for the opening of conciliation proceedings shall be filed with the Secretariat of the Centre. The latter shall invite the opposing party or parties to reply within thirty days after service of the request. If a party refuses to participate in the conciliation proceedings or does not reply within that period, the attempted conciliation shall be considered as having failed.

Article 3

1.   When the opposing party or parties accepts/accept recourse to conciliation, the Board shall nominate one of its members or another qualified person to act as conciliator. The latter shall study the documents submitted by the parties, shall convene them to a hearing and shall then submit proposals for the amicable settlement of the dispute.

Article 4

1.   If agreement is reached, that shall be the subject of a record signed by the parties and the conciliator. If a valid arbitration agreement exists, the Board shall appoint the conciliator as sole arbitrator, provided that all parties so request. The sole arbitrator must authenticate the agreement in the form of a settlement or, if the parties so wish, make an award on the basis of the agreement.

Article 5

1.   If no agreement is reached, the conciliation shall be considered as having failed. Declarations made by the parties in the course of conciliation proceedings shall not bind them in later arbitration proceedings. Except under the conditions set forth in Article 4 of these Rules, the conciliator may not be appointed as an arbitrator in subsequent arbitration proceedings.

Article 6

The costs of the conciliation proceedings and those of any activity of the conciliator under the conditions set forth in Article 4 shall be fixed by the Secretary at an appropriate share of the costs applicable for arbitration proceedings on the basis of the corresponding amount in dispute (Article 24 paragraph 1 of the Rules of Arbitration). The same shall apply to the deposits against costs to be fixed by the Secretary.

 

因本合同引起的或与本合同有关的任何争议,均提请北京仲裁委员会/北京国际仲裁中心按照其仲裁规则进行仲裁。仲裁裁决是终局的,对双方均有约束力。
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