GENERAL PROVISIONS

Article 23

•1. The provisions o f this chapter shall apply whenever there is a dispute relating to the application or operation of the provisions o f this Code between the foDowing parties:

(a) A conference and a shipping line;

(b ) The shipping lines memben of a conference;

(c) A conference or a shipping line member thereof and a shippers* organization or representatives o f shippers or shippers; and

(d ) Two or more conferences.

For the purposes o f this chapter the term “ party” means the original parties to the dispute as well as third parties which have joined the proceedings in accordance with (a} of article 34.

2 . Disputes between shipping lines o f the same flag, as well as those between organizations belonging to the same country,shall be settled within the framework of the national jurisdiction o f that country,-unless this creates serious difficulties in the fulfilment of the provisions o f this Code.

3. The parties to a dispute shall fln t attempt to settle it by an exchange o f views or direct negotiations with the intention of finding a mutually utisfactory solution.

4 . Disputes between the parties referred to in anicle 23, paragraph 1 relating to:

Refusal o f admission o f a national shipping line to a conference serving the foreign trade'of the country o f that shipping line;

>wppi"« ii«.

fc j Expulsion from a conference;

Code- * conference apeement with this

f e j A general freight-rate increase;

f f j Surcharges;

fgj Changes in freight rates or the imposition o f a eunency adjustment factor due to exchange rate changes;

( h j Participation in trade; and

W The form and terms o f proposed loyalty

arrangements ^

which have not been resolved through an exchange o f views or direct negotiations shall, at the request o f any o f the m a n ? L * ° intemationll *ccordance with the provisions

Article 24

1. The concUiation procedure is initiated at the request o f one o f the parties to the dispute. **

2. The request shall be made:

(a) In disputes relating to membership of conferences-' not later than 60 days from the date of receipt by the S S e fo r h f a including the reasons i r t i r - u i ’ Article I. paragraph 4 and arucle 4, paragraph 3; •- e

8 ' " " ^ freight-rate increases: of.expiiy o f the period o f notice specified in article 14, paragraph 1;

(c) In disputes relating to surcharges: not later than the specified in article 16,

I

« “ p " '

relating to changes in freight rates or the imposition o f a currency adjustment factor due to exchanee rx n iri^^ffh "’ «»»»' 5f expiry o f the penod specified in article 17, paragraph 3.

3 The provisions o f article 24. paragraph 2 shaD not S ndaio® * to international mandatory concilution in accordance with article 25

paragraph 3. '

sent to the other party by registered letter, telegram or telepmiter or has been served on it within the time-limits specified in article 24, paragraphs 2 or 5.

" o request has been made within the to c-h m its specified in article 24, paragraphs 2 or 5 the decision o f the conference shall be fmal and no proceedings M der this chapter may be brought by any party to the dispute to chaUenge that decision.

Article 25

I . Where rte parties have'agreed that disputes referred to m article 23. paragraph 4 faj. (b). (c), (d). (hj and (U

fhrough procedures other than those established in that article, or agree on procedures to resolve a particular dispute that has arisen between them such disputes shall, at ^ e request o f any o f the parties to the dispute, be resolved as provided for in their agreement.

paragraph 1 apply also to the Imputes referred to in anicle 23. paragraph 4 (el (fl

and unless national legislation. rSles V r e g u K io n s prevent shippers from having this freedom of choice

3 Where conciliation proceedings have been initiated shaB have precedence over remedies " '" 'd ie s under national law m respect of a dispute to which this ‘he procedures provided for m this chapter, then, upon the request o f a respondent

shall be stayed and the dispute * a ll be referred to the procedures defined in this chapter J r e f o u g h r '"here the national remedies

, Requests for conciliation in disputes other than those referred to in article 24, paragraph 2, may be made at any time.

The time-limits specified in article 24, paragraph 2 may be extended by agreement between the panies.

A " " " h a tio n shall be considered to have >een duly made if it is proved that the request has been

Article 26

Contracting Parties shall confer upon conferences and ^ p p c r s organoations such capacity as is necessary for ^rticdar*^**'°" ***' provisions o f this chapter. In

mi!Lt

m sutute prt^eedings as a party or be named as a party to proceedmgs in its collective capacity;

W Any notification to a conference or shippers* “ * “ P»«‘‘y *haU also consiimte a notification to each member o f such conference or Slippers* organization;

fc ; A hotification to a conference or shippers* S f i c e '^ f ‘S “ ananitted to the address o f the head S r e ^ c e " **“'PP*"’ ° ^ « « « ‘ion. Each w n fe re n a or shippers’ organization shaU register the

f ' paragraph 1. In the event that h a r n n h I shippcrs Organization fails to register or J a L o f i'k to any membe? in the name o f the conference or shippers* organization shall be

deemed to be a notification to such conference or oi;ganaation.

2. Acceptance or rejection by a conference or shippers’ organization o f a recommendation byxonciiiators shall be deemed to be acceptance or rejection of such a recommendation by each member thereof.

for the remainder of his term of office. A nomination takes effect from the date on which the communication of the nomination is received by the Registrar.

3. The Registrar shall maintain the panel list and shall regularly inform the Contracting Parties of the composition o f the panel.

Article 2 7

Unless the parties agree otherwise, the conciliators may decide to make a reconunendation on the basis o f written submissions without oral proceedings.