1974年班轮公会行动守则公约（三）

　　Article 37

　　1. Unless the parties have agreed before， during or after theconciliation procedure that the recommendation of the conciliators shallbe binding， the recommendation shall become binding by acceptance by theparties. A recommendation which has been accepted by some parties to adispute shall be binding as between those parties only.

　　2. Acceptance of the recommendation must be communicated by theparties to the conciliators， at an address specified by them， not laterthan 30 days after receipt of the notification of the recommendation；otherwise， it shall be considered that the recommendation has not beenaccepted.

　　3. Any party which does not accept the recommendation shall notify theconciliators and the other parties， within 30 days following the periodspecified in Article 37， paragraph 2 of its grounds for rejection of therecommendation， comprehensively and in writing.

　　4. When the recommendation has been accepted by the parties， theconciliators shall immediately draw up and sign a record of settlement， atwhich time the recommendation shall become binding upon those parties. Ifthe recommendation has not been accepted by all parties， the conciliatorsshall draw up a report with respect to those parties rejecting therecommendation， noting the dispute and the failure of those parties tosettle the dispute.

　　5. A recommendation which has become binding upon the parties shall beimplemented by them immediately or at such later time as is specified inthe recommendation.

　　6. Any party may make its acceptance conditional upon acceptance byall or any of the other parties to the dispute.

　　Article 38

　　1. A recommendation shall constitute a final determination of adispute as between the parties which accept it， except to the extent thatthe recommendation is not recognized and enforced in accordance with theprovisions of Article 39.

　　2. “Recommendation” includes an interpretation， clarification orrevision of the recommendation made by the conciliators before therecommendation has been accepted.

　　Article 39

　　1. Each Contracting Party shall recognize a recommendation as bindingbetween the parties which have accepted it and shall， subject to theprovisions of Article 39， paragraphs 2 and 3， enforce， at the request ofany such party， all obligations imposed by the recommendation as if itwere a final judgement of a court of that Contracting Party.

　　2. A recommendation shall not be recognized and enforced at therequest of a party referred to in Article 39， paragraph 1 only if thecourt or other competent authority of the country where recognition andenforcement is sought is satisfied that：

　　（a） Any party which accepted the recommendation was， under the lawapplicable to it， under some legal incapacity at the time of acceptance；

　　（b） Fraud or coercion has been used in the making of therecommendations；

　　（c） The recommendation is contrary to public policy （ordre public） inthe country of enforcement； or

　　（d） The composition of the conciliators， or the conciliationprocedure， was not in accordance with the provisions of this Code.

　　3. Any part of the recommendation shall not be enforced and recognizedif the court or other competent authority is satisfied that such partcomes within any of the subparagraphs of Article 39， paragraph 2 and canbe separated from other parts of the recommendation. If such part cannotbe separated， the entire recommendation shall not be enforced andrecognized.

　　Article 40

　　1. Where the recommendation has been accepted by all the parties， therecommendation and the reasons therefor may be published with the consentof all the parties.

　　2. Where the recommendation has been rejected by one or more of theparties but has been accepted by one or more of the parties：

　　（a） The party or parties rejecting the recommendation shall pub

lishits or their grounds for rejection， given pursuant to Article 37，paragraph 3， and may at the same time publish the recommendation and thereason therefor；

　　（b） A party which has accepted the recommendation may publish therecommendation and the reasons therefor； it may also publish the groundsfor rejection given by any other party unless such other party has alreadypublished its rejection and the grounds therefor in accordance withArticle 40， paragraph 2 （a）。

　　3. Where the recommendation has not been accepted by any of theparties， each party may publish the recommendation and the reasonstherefor and also its own rejection and the grounds therefor.

　　Article 41

　　1. Documents and statements containing factual information supplied byany party to the conciliators shall be made public unless that party or amajority of the conciliators agree otherwise.

　　2. Such documents and statements supplied by a party may be tenderedby that party in support of its case in subsequent proceedings arisingfrom the same dispute and between the same parties.

　　Article 42

　　Where the recommendation has not become binding upon the parties， noviews expressed or reasons given by the conciliators， or concessions oroffers made by the parties for the purpose of the conciliation procedure，shall affect the legal rights and obligations of any of the parties.

　　Article 43

　　1. （a） The costs of the conciliators and all costs of theadministration of the conciliation proceedings shall be borne equally bythe parties to the proceedings， unless they agree otherwise.

　　（b） When the conciliation proceedings have been initiated， theconciliators shall be entitled to require an advance or security for thecosts referred to in Article 43， paragraph 1 （a）。

　　2. Each party shall bear all the expenses it incurs in connexion withthe proceedings， unless the parties agree otherwise.

　　3. Notwithstanding the provisions of Article 43， paragraphs 1 and 2，the conciliators may， having decided unanimously that a party has broughta claim vexatiously or frivolously， assess against that party any or allof the costs of other parties to the proceedings. Such decision shall befinal and binding on all the parties.

　　Article 44

　　1. Failure of a party to appear or to present its case at any stage ofthe proceedings shall not be deemed an admission of the other party'sassertions. In that event， the other party may， at its choice， request theconciliators to close the proceedings or to deal with the questionspresented to them and submit a recommendation in accordance with theprovisions for making recommendations set out in this Code.

　　2. Before closing the proceedings， the conciliators shall grant theparty failing to appear or to present its case a period of grace， notexceeding 10 days， unless they are satisfied that the party does notintend to appear or to present its case.

　　3. Failure to observe procedural time-limits laid down in this Code ordetermined by the conciliators， in particular time-limits relating to thesubmission of statements or information， shall be considered a failure toappear in the proceedings.

　　4. Where the proceedings have been closed owing to one party's failureto appear or to present its case， the conciliators shall draw up a reportnoting that party's failure.

　　Article 45

　　1. The conciliators shall follow the procedures stipulated in thisCode.

　　2. The rules of procedure annexed to the present Convention shall beconsidered as model rules for the guidance of conciliators. Theconciliators may， by mutual consent， use， supplement or amend the rulescontained in the annex or formulate their own rules of procedure to theextent that such supplementary， amended or other rules are notinconsistent with the provisions of this Code.

　　3. If the parties agree that it may be in the interest of achieving anexpediti

ous and inexpensive solution of the conciliation proceedings， theymay mutually agree to rules of procedure which are not inconsistent withthe provisions of this Code.

　　4. The conciliators shall formulate their recommendation by consensusor failing that shall decide by majority vote.

　　5. The conciliation proceedings shall finish and the recommendation ofthe conciliators shall be delivered not later than six months from thedate on which the conciliators are appointed， except in the casesreferred to in Article 23， paragraph 4 （e）， （f） and （g）， for which thetime limits in Article 14， paragraph 1 and Article 16， paragraph 4 shallbe valid. The period of six months may be extended by agreement of theparties.

　　C. INSTITUTIONAL MACHINERY

　　Article 46

　　1. Six months before the entry into force of the present Convention，the Secretary-General of the United Nations shall， subject to the approvalof the General Assembly of the United Nations， and taking into account theviews expressed by the Contracting Parties， appoint a Registrar who may beassisted by such additional staff as may be necessary for the performanceof the functions listed in Article 46， paragraph 2. Administrativeservices for the Registrar and his assistants shall be provided by theUnited Nations Office at Geneva.

　　2. The Registrar shall perform the following functions in consultationwith the Contracting Parties as appropriate：

　　（a） Maintain the list of conciliators of the international panel ofconciliators and regularly inform the Contracting Parties of thecomposition of the panel；

　　（b） Provide the names and addresses of the conciliators to the partiesconcerned on request；

　　（c） Receive and maintain copies of requests for conciliation， replies，recommendat

┨网页设计特效库┠ http://www。z┗co⊙l。com/网页特效/