17.05.2012
ICAC’s Conciliation Rules were enacted on the 1st of June 2001 to broaden opportunities of Parties to settle international commercial disputes.
Conciliation or mediation is a pacific settlement of a dispute by the parties with cooperation by a neutral party (mediator). The mediator is not authorized to make decisions for the parties. His job is to help them to arrive at the settlement of a dispute by studying the written materials that are presented by the parties in the dispute, to help in hearing the parties’ arguments, making suggestions for a possible settlement of the dispute, and so on. Thus a decision, if it is arrived at, is therefore reached by the parties themselves, with the mediator’s role being that of cooperation.
Another distinctive feature of conciliation is that the Parties to a dispute enter into debate only on a voluntary basis. And this is observed through all the stages. In the process of investigation the respondent’s evasion of taking part in hearing the case does not prevent from going on with the process.
Conciliation (mediation) as an alternative method to resolve differences is arousing a growing interest around the world. Under the auspices of the UNCITRAL 2002 will see a completion of the drafting of a Model Law on International Commercial Conciliation adopted by the UN General Assembly and recommended for states in order to pass national laws on its basis.
Some foreign organizations developed and offered for use conciliation rules. For example, the Conciliation Committee of the UNCITRAL as recommended in 1980 by the UN General Assembly for use by parties in order to find amicable settlement for foreign economic disputes. This document has been taken into account when Conciliation rules of the ICAC were drawn up. Attention has also been focused on well-known and characteristic ways of dispute settlement at the ICAC.
The model clause on the application of the conciliation procedure under the ICAC’s Conciliation Rules is recommended for inclusion in the text of a contract (agreement) and it reads as follows:
“All the possible disputes that arise out of this contract (agreement) or in connection with this contract the parties shall strive to resolve amicably using an appropriate conciliation procedure and this is to be done in accordance with the effective Conciliation Rules of the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation”.
ICAC conciliation rules
ICAC’s Conciliation Rules were enacted on the 1st of June 2001 to broaden opportunities of Parties to settle international commercial disputes.
Conciliation or mediation is a pacific settlement of a dispute by the parties with cooperation by a neutral party (mediator). The mediator is not authorized to make decisions for the parties. His job is to help them to arrive at the settlement of a dispute by studying the written materials that are presented by the parties in the dispute, to help in hearing the parties’ arguments, making suggestions for a possible settlement of the dispute, and so on. Thus a decision, if it is arrived at, is therefore reached by the parties themselves, with the mediator’s role being that of cooperation.
Another distinctive feature of conciliation is that the Parties to a dispute enter into debate only on a voluntary basis. And this is observed through all the stages. In the process of investigation the respondent’s evasion of taking part in hearing the case does not prevent from going on with the process.
Conciliation (mediation) as an alternative method to resolve differences is arousing a growing interest around the world. Under the auspices of the UNCITRAL 2002 will see a completion of the drafting of a Model Law on International Commercial Conciliation adopted by the UN General Assembly and recommended for states in order to pass national laws on its basis.
Some foreign organizations developed and offered for use conciliation rules. For example, the Conciliation Committee of the UNCITRAL as recommended in 1980 by the UN General Assembly for use by parties in order to find amicable settlement for foreign economic disputes. This document has been taken into account when Conciliation rules of the ICAC were drawn up. Attention has also been focused on well-known and characteristic ways of dispute settlement at the ICAC.
The model clause on the application of the conciliation procedure under the ICAC’s Conciliation Rules is recommended for inclusion in the text of a contract (agreement) and it reads as follows:
“All the possible disputes that arise out of this contract (agreement) or in connection with this contract the parties shall strive to resolve amicably using an appropriate conciliation procedure and this is to be done in accordance with the effective Conciliation Rules of the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation”.
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