CHART: IICRA Reconciliation Procedures

Reconciliation Procedures
Article (41)

The party that desires reconciliation shall address a request to the Secretary-General of the Centre conveying the details of the reconciliation proposal.

Article (42)

The Secretary-General shall inform the other party in the dispute of the request for reconciliation as soon as possible, and a period of 15 days is allowed the other party to accept or refuse reconciliation. If the second party that has been notified of the reconciliation proposal agrees to participate, he must inform the Secretariat of the Arbitration Panel of this agreement within the appointed time. If the second party does not respond within the time or refuses reconciliation, the reconciliation request is considered rejected. The Secretary-General shall then notify the party requesting reconciliation of this rejection, as soon as possible.

Article (43)

Upon receipt of acceptance of reconciliation from the other party, the Secretary-General in consultation with the disputing parties shall appoint one or more reconcilers, and the reconcilers shall inform the parties of their appointment and will arrange a time for the parties to present their cases to them.

Article (44)

The reconcilers shall manage the reconciliation attempt as they see fit, but in accordance with the principles of impartiality, fairness and justice. The reconcilers shall agree with the parties on the venue for reconciliation. They may at any time request either party to provide additional information as they deem necessary.

Article (45)

Reconciliation is of a confidential nature that must be preserved by each individual participating in the reconciliation process in any capacity. The Centre shall collect for each conciliation request a non-refundable fee of 1000 US Dollar for registration fees.

Article (46)

The reconciliation attempt may result in any of the following, as the case may be:

a) Signing of an agreement by the parties, which shall be considered binding upon the parties. This agreement shall remain confidential, unless it is necessary to publicize it for the purpose of its implementation.

b) In the event of failure of reconciliation, the reconcilers shall produce a report stating that the reconciliation attempt has failed. The report does not have to include the reasons for the failure.

c)

One or more of the parties in the dispute, at any stage in the attempt, may inform the reconcilers of their decision to discontinue the reconciliation attempt.

Article (47)

Upon conclusion of the reconciliation attempt the reconcilers shall inform the Secretary-General of the result, whether it is the reconciliation agreement signed by the parties, the report of the failure of the attempt, or the decision of the parties to discontinue the reconciliation attempt.

Article (48)

Upon opening the file for a reconciliation attempt, the Secretary General, taking into account the nature of the conflict and its importance, shall specify the financial amount to be paid by the parties in equal shares in order to proceed with the reconciliation.

The financial amount to be paid shall cover:

a) Estimated costs for Reconciliation and reconcilator’s honorarium.

b) The administrative fees determined in accordance with the arbitration administrative fees’ schedule below and limited up to the third of the arbitration required fees as it is stated in the said schedule.

In the event that the Secretary General, during the reconciliation procedures, considers that the payments made originally in accordance to the paragraph (a) above are insufficient to cover all the possible costs for reconciliation, he shall then ask the parties for additional amounts to be paid in equal shares.

Upon completion of reconciliation, the Secretary-General shall determine the final costs and inform the parties in writing. The parties shall be equally liable for these costs, unless otherwise stipulated in the reconciliation agreement. All other expenditures by either party shall remain that party’s responsibility.

Unless the disputing parties agree on otherwise, the reconciler may not assume the role of arbitrator, representative, or advisor for the benefit of either party in any litigation or Arbitration proceedings concerning the dispute for which the reconciliation attempt was initiated. The parties should not ask for the reconciler to be called in as witness in any of these proceedings, unless the disputing parties agree on otherwise.

Article (50)

The parties are required not to use any documents, opinions, data or testimonies submitted during the reconciliation procedures as supporting evidence in any litigation or Arbitration proceedings.

The parties are required not to use any documents, opinions, data or testimonies submitted during the reconciliation procedures as supporting evidence in any litigation or Arbitration proceedings.

Final Provisions
Article (51)

The Board of Trustees has the right to amend and interpret the provisions of these Procedures.

Article (52)

These Procedures shall become effective upon approving them by the Board of Trustees.