Conciliation Procedural Rules
1.1 These Rules apply to conciliation of disputes arising out of or relating to a contractual or other legal relationship where the parties seeking an amicable settlement of their dispute have agreed that the Conciliation Rules apply.
1.2 These Rules apply to the Conciliation of present or future disputes where the parties seek amicable settlement of such disputes and where, either by stipulation in their contract or by agreement, they have agreed that these Rules shall apply.
1.3 Where any of these Rules is in conflict with a provision of law from which the parties cannot derogate, that provision prevails.
1.4 The parties may agree to vary these Rules at any time. However, that Jupitice Administrator> may decide not to administer the Proceedings if, in its discretion, it considers that any such modification is not in the spirit of the Rules. At any time after the confirmation or appointment of the Conciliator, any agreement to modify the provisions of the Rules shall also be subject to the approval of the Mediator.
1.5 By agreeing to these rules, Parties agree that the conciliation proceeding shall be performed on Jupitice Justice Platform.
1.6 The term “Proceedings” as used in the Rules refers to the process beginning with its commencement and ending with its termination pursuant to the Rules.
2.1 'Communication’ means any communication (including a statement, declaration, demand, notice, response, submission, notification, request and any other action(s) relating to Conciliation) made by means of information generated, sent, received or stored by electronic, magnetic, optical or similar means via Jupitice Justice Platform.
2.2 All communications in the course of Conciliation proceedings shall be communicated to Jupitice Administrator via the Jupitice Justice Platform.
2.3 All the parties to dispute, Conciliator and the Jupitice Justice Platform shall have a designated “Electronic Address”.
2.4 A communication shall be deemed to have been received when, following communication to Jupitice Administrator in accordance with paragraph 2.2, Jupitice Administrator notifies the parties and Conciliator of its availability, in accordance with paragraph 2.5.
2.5 Jupitice Administrator shall promptly notify a party and/ or the Conciliator of the availability of any communication directed to that party and/ or the Conciliator at the Jupitice platform
2.6 Jupitice Administrator shall promptly notify all parties and the Conciliator of the commencement
3.1 The party initiating conciliation sends to Jupitice Administrator, for notification to the other parties, a written invitation to conciliate under these Rules, briefly identifying the subject of the dispute.
3.2 Conciliation proceedings commence when the other party accepts the invitation to conciliate and communicated to Jupitice Justice Platform subject to article 2. If the Acceptance is made orally, it is advisable that it be confirmed in writing.
3.3 If the other party rejects the invitation, there will be no conciliation proceedings.
3.4 If the party initiating conciliation does not receive a reply via Jupitice Platform subject to article 2 within thirty days from the date on which he sends the invitation, or within such other period of time as specified in the invitation, he may elect to treat this as a rejection of the invitation to conciliate. If he so elects, he informs Jupitice Administrator for notification to the other party subject to article 2.
5.1 In conciliation proceedings with one conciliator, the parties shall endeavor to reach agreement on the name of a sole conciliator;
- In conciliation proceedings with two conciliators, each party appoints one conciliator;
- In conciliation proceedings with three conciliators, each party appoints one conciliator.
The parties shall endeavor to reach agreement on the name of the third conciliator.
5.2 Parties may enlist the assistance of Jupitice Administrator in connection with the appointment of conciliators. In particular,
- A party may request Jupitice Administrator to recommend the names of suitable individuals to act as conciliator; or
- The parties may agree that the appointment of one or more conciliators be made directly by Jupitice Administrator
In recommending or appointing individuals to act as conciliator, Jupitice Administrator, shall have regard to such considerations as are likely to secure the appointment of an independent and impartial conciliator and, with respect to a sole or third conciliator, shall take into account the advisability of appointing a conciliator of a nationality other than the nationalities of the parties.
6.1 The conciliator, upon his appointment, requests each party to submit to him via Jupitice Platform subject to article 2, a brief written statement describing the general nature of the dispute and the points at issue. Each party sends a copy of his statement to Jupitice Administrator for notification to the other party subject to article 2.
6.2 The conciliator may request each party to submit to him, via Jupitice Platform subject to article 2, a further written statement of his position and the facts and grounds in support thereof, supplemented by any documents and other evidence that such party deems appropriate. The party sends a copy of his statement to Jupitice Platform subject to article 2 for notification the other party.
6.3 At any stage of the conciliation proceedings the conciliator may request a party to submit to him such additional information, as he deems appropriate via Jupitice Platform.
8.1 The conciliator assists the parties in an independent and impartial manner in their attempt to reach an amicable settlement of their dispute.
8.2 The conciliator will be guided by principles of objectivity, fairness and justice, giving consideration to, among other things, the rights and obligations of the parties, the usages of the trade concerned and the circumstances surrounding the dispute, including any previous business practices between the parties.
8.3 The conciliator may conduct the conciliation proceedings in such a manner as he considers appropriate, taking into account the circumstances of the case, the wishes the parties may express, including any request by a party that the conciliator hear oral statements, and the need for a speedy settlement of the dispute.
8.4 The conciliator may, at any stage of the conciliation proceedings, make proposals for a settlement of the dispute. Such proposals need not be in writing and need not be accompanied by a statement of the reasons therefor.
10.1 The conciliator may invite the parties to meet with him or may communicate with them orally or in writing. He may meet or communicate with the parties together or with each of them separately.
10.2 Unless the parties have agreed upon otherwise, where meetings with the conciliator are to be held on Jupitice Justice Platform
14.1 When it appears to the conciliator that there exist elements of a settlement which would be acceptable to the parties, he formulates the terms of a possible settlement and submits them to the parties for their observations. After receiving the observations of the parties, the conciliator may reformulate the terms of a possible settlement in the light of such observations.
14.2 If the parties reach agreement on a settlement of the dispute, they draw up and sign a written settlement agreement. ** If requested by the parties, the conciliator draws up, or assists the parties in drawing up, the settlement agreement.
14.3 The parties by signing the settlement agreement put an end to the dispute and are bound by the agreement.
14.4 For the avoidance of doubt, a settlement agreement may take the form of an electronic record, and be signed by electronic signature.
14.5 Where any settlement agreement has been reached, the Conciliator shall promptly notify Jupitice Administrator of the same.
a. By the signing of the settlement agreement by the parties, on the date of the agreement; or
b. By a written declaration of the conciliator, after consultation with the parties, to the effect that further efforts at conciliation are no longer justified, on the date of the declaration; or
c. By a written declaration of the parties addressed to the conciliator to the effect that the conciliation proceedings are terminated, on the date of the declaration; or
d. By a written declaration of a party to the other party and the conciliator, if appointed, to the effect that the conciliation proceedings are terminated, on the date of the declaration.
18.1 Upon termination of the conciliation proceedings, the conciliator fixes the costs of the conciliation and gives written notice thereof to the parties via Jupitice Justice Platform subject to article 2. The term "costs" includes only:
- fee of the conciliator which shall be reasonable in amount with the consent of the parties,
- travel and other expenses of the conciliator; with the consent of the parties,
- travel and other expenses of witnesses requested by the conciliator with the of the parties with the consent of the parties,
- cost of any expert advice requested by the conciliator with the consent of the parties,
- cost of any assistance provided pursuant to articles 7 and 9.
The parties shall endeavor to reach agreement on the name of the third conciliator.
18.2 The costs, as defined above, are borne equally by the parties unless the settlement agreement provides for a different apportionment. All other expenses incurred by a party are borne by that party.
19.1 The conciliator, upon his appointment, may request each party to deposit an equal amount as an advance for the costs referred to in article 18, paragraph (1) which he expects will be incurred.
19.2 During the course of the conciliation proceedings the conciliator may request supplementary deposits in an equal amount from each party.
19.3 If the required deposits under paragraphs (1) and (2) of this article are not paid in full by both parties within thirty days, the conciliator may suspend the proceedings or may make a written declaration of termination to the parties, effective on the date of that declaration.
19.4 19.4 Upon termination of the conciliation proceedings, the conciliator renders an accounting to the parties of the deposits received and returns any unexpended balance to the parties.
a. Views expressed or suggestions made by the other party in respect of a possible settlement of the dispute;
b. Admissions made by the other party in the course of the conciliation proceedings;
c. Proposals made by the conciliator;
d. The fact that the other party had indicated his willingness to accept a proposal for settlement made by the conciliator.