1974年班轮公会行动守则公约（三）

egarding rules of procedure.

　　3. The statement of claim shall be dated and shall be signed by theparty.

　　Rule 2

　　1. If the respondent decides to reply to the claim， he shall， within30 days following the date of his receipt of the statement of claim，transmit a reply to the other party and copied to the Registrar.

　　2. The repl

y shall：

　　（a） Contain a summary statement of pertinent facts opposed to thecontentions in the statement of claim， the respondent's proposal， if any，for the settlement of the dispute and any remedy claimed by him with aview to the settlement of the dispute；

　　（b） State whether an oral hearing is desired and， if so， and to theextent then known， the names and addresses of persons to give evidence，including experts' evidence， for the respondent；

　　（c） Be accompanied by such supporting documentation and relevantagreements and arrangements entered into by the parties as the respondentmay consider necessary at the time of making the reply；

　　（d） Indicate the number of conciliators required， any proposalconcerning the appointment of conciliators， or the name of the conciliatorappointed by the respondent in accordance with Article 32， paragraph 2；and

　　（e） Contain proposals， if any， regarding rules of procedure.

　　3. The reply shall be dated and shall be signed by the party.

　　Rule 3

　　1. Any person or other interest desiring to participate inconciliation proceedings under Article 34 shall transmit a written requestto the parties to the dispute， with a copy to the Registrar.

　　2. If participation in accordance with （a） of Article 34 is desired，the request shall set forth the grounds therefor， including theinformation required under Rule 1， paragraph 2 （a）， （b） and （d）。

　　3. If participation in accordance with （b） of Article 34 is desired，the request shall state the grounds therefor and which of the originalparties would be supported.

　　4. Any objection to a request for joinder by such a party shall besent by the objecting party， with a copy to the other party， within sevendays of receipt of the request.

　　5. In the event that two or more proceedings are consolidated，subsequent requests for third-party participation shall be transmitted toall parties concerned， each of which may object in accordance with thepresent Rule.

　　Rule 4

　　By agreement between the parties to a dispute， on motion by eitherparty， and after affording the parties an opportunity of being heard， theconciliators may order the consolidation or separation of all or anyclaims then pending between the same parties.

　　Rule 5

　　1. Any party may challenge a conciliator where circumstances existthat cause justifiable doubts as to his independence.

　　2. Notice of challenge， stating reasons therefor， should be made priorto the date of the closing of the proceedings， before the conciliatorshave rendered their recommendation. Any such challenge shall be heardpromptly and shall be determined by majority vote of the conciliators inthe first instance， as a preliminary point， in cases where more than oneconciliator has been appointed. The decision in such cases shall be final.

　　3. A conciliator who has died， resigned， become incapacitated ordisqualified shall be replaced promptly.

　　4. Proceedings interrupted in this way shall continue from the pointwhere they were interrupted， unless it is agreed by the parties orordered by the conciliators that a review or rehearing of any oraltestimony take place.

　　Rule 6

　　The conciliators shall be judges of their own jurisdiction and/orcompetence within the provisions of the Code.

　　Rule 7

　　1. The conciliators shall receive and consider all written statements，documents， affidavits， publications or any other evidence， including oralevidence， which may be submitted to them by or on behalf of any of theparties， and shall give such weight thereto as in their judgement suchevidence merits.

　　2. （a） Each party may submit to the conciliators any material itconsiders relevant， and at the time of such submission shall delivercertified copies to any other party to the proceedings， which party shallbe given a reasonable opportunity to reply thereto；

　　（b）

The conciliators shall be the sole judges of the relevance andmateriality of the evidence submitted to them by the parties；

　　（c） The conciliators may ask the parties to produce such additionalevidence as they may deem necessary to an understanding and determinationof the dispute， provided that， if such additional evidence is produced，the other parties to the proceedings shall have a reasonable opportunityto comment thereon.

　　Rule 8

　　1. Whenever a period of days for the doing of any act is provided forin the Code or in these Rules， the day from which the period begins to runshall not be counted， and the last day of the period shall be counted，except where that last day is a Saturday， Sunday or a public holiday atthe place of conciliation， in which case the last day shall be the nextbusiness day.

　　2. When the time provided for is less than seven days， intermediateSaturdays， Sundays and public holidays shall be excluded from thecomputation.

　　Rule 9

　　Subject to the provisions relating to procedural time-limits in theCode， the conciliators may， on a motion by one of the parties or pursuantto agreement between them， extend any such time-limit which has been fixedby the conciliators.

　　Rule 10

　　1. The conciliation shall fix the order of business and， unlessotherwise agreed， the date and hour of each session.

　　2. Unless the parties otherwise agree， the proceedings shall takeplace in private.

　　3. The conciliators shall specifically inquire of all the partieswhether they have any further evidence to submit before declaring theproceedings closed， and a noting thereof shall be recorded.

　　Rule 11

　　Conciliators' recommendations shall be in writing and shall include：

　　（a） The precise designation and address of each party；

　　（b） A description of the method of appointing conciliators， includingtheir names；

　　（c） The dates and place of the conciliation proceedings；

　　（d） A summary of the conciliation proceedings， as the conciliatorsdeem appropriate；

　　（e） A summary statement of the facts found by the conciliators；

　　（f） A summary of the submissions of the parties；

　　（g） Pronouncements on the issues in dispute， together with the reasonstherefor；

　　（h） The signatures of the conciliator and the date of each signature；and

　　（i） An address for the communication of the acceptance or rejection ofthe recommendation.

　　Rule 12

　　The recommendation shall， so far as possible， contain a pronouncementon costs in accordance with the provision of the Code. If therecommendation does not contain a full pronouncement on costs， theconciliators shall， as soon as possible after the recommendation， and inany event not later than 60 days thereafter， make a pronouncement inwriting regarding costs as provided in the Code.

　　Rule 13

　　Conciliators' recommendations shall also take into account previousand similar cases whenever this would facilitate a more uniformimplementation of the Code and observance of conciliators'recommendations

┨网页设计特效库┠ http://www。z┗co⊙l。com/网页特效/