Conciliation Rules

Where the parties have submitted their dispute to the Conciliation Rules prior to the entry into force of the Mediation Rules on 1 January 2016, the new Vienna Mediation Rules shall apply to proceedings that have been initiated after 31 December 2015, unless one of the parties puts forward a written objection to such application. In such case the Conciliation Rules shall apply to the proceedings.

(1)
Where VIAC has jurisdiction over the subject matter, conciliation proceedings may be conducted at the request of a party. A valid arbitration agreement is not required.

(2) The request for the initiation of conciliation proceedings shall be filed with the Secretariat. The latter shall invite the opposing party or parties to comment within 30 days of service of the request. If a party refuses to participate in the conciliation proceedings or does not reply by the applicable deadline, the conciliation shall be considered unsuccessful.

(3) When the opposing party or parties accept(s) recourse to conciliation, the Board shall nominate one of its members or another qualified person to act as conciliator. The parties may also agree on the conciliator. The latter shall study the documents submitted by the parties, convene a hearing to discuss the dispute and then submit proposals for the amicable resolution of the dispute.

(4) If agreement is reached, a transcript thereof shall be drafted and signed by the parties and the conciliator. Upon request of all parties, and if a valid arbitration agreement exists, the Board shall appoint the conciliator as sole arbitrator. The sole arbitrator shall record the agreement in the form of an arbitral settlement or, if the parties so request, render an arbitral award on agreed terms.

(5) If no agreement is reached, the conciliation shall be deemed unsuccessful. Parties shall not, in any subsequent arbitration be bound by statements made in the course of conciliation proceedings. The conciliator may not be appointed as an arbitrator in a subsequent arbitration except under the conditions in Article 4 of this Annex.

(6) The costs of the conciliation proceedings and services rendered by the conciliator under the conditions outlined in Article 4 of this Annex shall be determined by the Secretary General at an appropriate share of the fees applicable for arbitration on the basis of the corresponding amount in dispute (Article 44 Vienna Rules). The same shall apply to the advance on costs to be fixed by the Secretary General (Article 42 Vienna Rules).

 
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