(1) If the parties notify the Secretary-General prior to the constitution of the Commission that they have agreed to discontinue the proceeding, the Secretary-General shall issue an order taking note of the discontinuance.
(2) If a party requests the discontinuance of the proceeding prior to the constitution of the Commission, the Secretary-General shall fix a time limit within which the other party may oppose the discontinuance. If no objection in writing is made within the time limit, the other party shall be deemed to have acquiesced in the discontinuance and the Secretary-General shall issue an order taking note of the discontinuance of the proceeding. If any objection in writing is made within the time limit, the proceeding shall continue.
(3) If, prior to the constitution of the Commission, the parties fail to take any steps in the proceeding for more than 150 consecutive days, the Secretary-General shall notify them of the time elapsed since the last step taken in the proceeding. If the parties fail to take a step within 30 days after the notice, they shall be deemed to have discontinued the proceeding and the Secretary-General shall issue an order taking note of the discontinuance. If either party takes a step within 30 days after the Secretary-General’s notice, the proceeding shall continue.
(1) If the parties reach agreement on some or all of the issues in dispute, the Commission shall close the proceeding and issue its Report noting the issues in dispute and recording the issues upon which the parties have agreed.
(2) The parties may provide the Commission with the complete and signed text of their settlement agreement and may request that the Commission embody such settlement in the Report.
At any stage of the proceeding, and after notice to the parties, the Commission shall close the proceeding and issue its Report noting the issues in dispute and recording that the parties have not reached agreement on the issues in dispute during the conciliation if:
(a) it appears to the Commission that there is no likelihood of agreement between the parties; or
(b) the parties advise the Commission that they have agreed to discontinue the conciliation.
If one party fails to appear or participate in the proceeding, the Commission shall, after notice to the parties, close the proceeding and issue its Report noting the submission of the dispute to conciliation and recording the failure of that party to appear or participate.
(1) The Report shall be in writing and shall contain, in addition to the information specified in Rules 35-37:
(a) a precise designation of each party;
(b) the names of the representatives of the parties;
(c) a statement that the Commission was established under the Convention and a description of the method of its constitution;
(d) the name of each member of the Commission and of the appointing authority of each;
(e) the date and place of the first session and the meetings of the Commission with the parties;
(f) a brief summary of the proceeding;
(g) the complete and signed text of the parties’ settlement agreement if requested by the parties pursuant to Rule 35(2);
(h) a statement of the costs of the proceeding, including the fees and expenses of each member of the Commission and the costs to be paid by each party pursuant to Rule 8; and
(i) any agreement of the parties pursuant to Article 35 of the Convention.
(2) The Report shall be signed by the members of the Commission. It may be signed by electronic means if the parties agree. If a member does not sign the Report, such fact shall be recorded.
(1) Once the Report has been signed by the members of the Commission, the Secretary-General shall promptly:
(a) dispatch a certified copy of the Report to each party, indicating the date of dispatch on the Report; and
(b) deposit the Report in the archives of the Centre.
(2) The Secretary-General shall provide additional certified copies of the Report to a party upon request.