Arbitration and Conciliation Act

Section Application of Act Section Except as otherwise provided in any particular case, the provisions of this Act shall apply to domestic arbitration and international arbitration .

Section Interpretation Section In this Act, unless the context otherwise requires— “ appointing authority ” means an institution, body or person appointed by the Minister to perform the functions of appointing arbitrators and conciliators; “ arbitral award ” means any award of an arbitral tribunal and includes an interim arbitral award; “ arbitral tribunal ” means a sole arbitrator or a panel of arbitrators, and includes an umpire ; “ arbitration ” means any arbitration whether or not administered by a domestic or international institution where there is an arbitration agreement ; “ arbitration agreement ” means an agreement by the parties to submit to arbitration all or certain disputes which have arisen or which may arise between them in respect of a defined legal relationship, whether contractual or not; “ centre ” means the centre established under section 67 ; “ court ” means the High Court; “ ICSID Convention award ” has the meaning assigned to it in section 45 ; “ New York Convention award ” has the meaning assigned to it in section 39 ; “ party ” means a party to an arbitration agreement and includes a person claiming through or under a party; “ umpire ” means a third arbit...

Section Determination of number of arbitrators Section The parties are free to determine the number of arbitrators. If the parties fail to determine the number of arbitrators under subsection (1) , there shall be one arbitrator.

Section Appointment of arbitrators Section The parties are free to agree on a procedure for appointing the arbitrator or arbitrators and if there is no agreement— Where— Where, under a procedure agreed upon by the parties for the appointment of an arbitrator or arbitrators— No person shall be precluded by reason of that person’s nationality from acting as an arbitrator, unless otherwise agreed by the parties. in an arbitration with three arbitrators, each party shall appoint one arbitrator, and the two arbitrators so appointed shall appoint the third arbitrator; in an arbitration with one arbitrator, the parties shall agree on the person to be appointed. in the case of three arbitrators, a party fails to appoint the arbitrator within thirty days after receipt of a request to do so from the other party or if the two arbitrators fail to agree on the third arbitrator within thirty days after their appointment; or in the case of one arbitrator, the parties fail to agree on the arbitrator, a party fails to act as required under that procedure; the parties or two arbitrators fail to reach the agreement expected of them under that procedure; or a third party , including an institution, fa...

Section Grounds for challenge Section When a person is approached in connection with his or her possible appointment as an arbitrator, he or she shall disclose any circumstances likely to give rise to justifiable doubts as to his or her impartiality or independence. An arbitrator may be challenged only if circumstances exist that give rise to justifiable doubts as to his or her impartiality and independence, or if he or she does not possess qualifications agreed to by the parties. A party may challenge an arbitrator appointed by him or her, or in whose appointment that party has participated, only for reasons of which he or she becomes aware after the appointment.

Section Challenge procedure Section In this section, the parties are free to agree on a procedure for Jiallenging an arbitrator. Where there is no agreement under subsection (1) , a party who intends to challenge an arbitrator shall, within fifteen days after becoming aware of the composition of the appointing authority or after becoming aware of any circumstances referred to in section 12(2) send a written statement of the reasons for the challenge to the appointing authority ; and unless the arbitrator who is being challenged withdraws from his or her office or the other party agrees to the challenge, the appointing authority shall decide on the challenge within a period of thirty days from receipt of a written statement.

Section Failure or impossibility to act Section The mandate of an arbitrator shall terminate if— he or she, according to the parties, is unable to perform the functions of his or her office or for any reason fails to act without undue delay; he or she withdraws from his or her office; or he or she dies. If there is any dispute concerning any of the grounds referred to in subsection (1)(a) , a party may apply to the Centre to decide on the termination of the mandate. A decision of the Centre under subsection (2) shall be final and shall not be subject to appeal.

Section Termination of mandate and substitution of arbitrator Section Unless agreed by the parties— Where the mandate of an arbitrator is terminated under section 13 or 14 , a substitute arbitrator shall be appointed in accordance with the procedure that was applicable to the appointment of the arbitrator being replaced. where a sole arbitrator or the presiding arbitrator is replaced, any hearing previously held shall be held afresh; and where an arbitrator, other than a sole arbitrator or a presiding arbitrator, is replaced, any hearing previously held may be held afresh at the discretion of the arbitral tribunal . Unless agreed by the parties, an order or ruling of the arbitral tribunal made before the replacement of an arbitrator under this section shall not be invalidated solely because there has been a change in the composition of the arbitral tribunal .

Section Competence of arbitral tribunal to rule on its jurisdiction Section The arbitral tribunal may rule on its own jurisdiction, including ruling on any objections with respect to the existence or validity of the arbitration agreement , and for that purpose— an arbitration clause which forms part of a contract shall be treated as an agreement independent of the other terms of the contract; and a decision by the arbitral tribunal that the contract is null and void shall not itself invalidate the arbitration clause. A plea that the arbitral tribunal does not have jurisdiction shall be raised not later than the submission of the statement of defence, but a party is not precluded from raising such a plea because he or she has appointed or participated in the appointment of an arbitrator. A plea that the arbitral tribunal is exceeding the scope of its authority shall be raised as soon as the matter alleged to be beyond the scope of its authority is raised during the arbitral proceedings. The arbitral tribunal may, in either of the cases referred to in subsection (2) or (3) , admit a later plea if it considers the delay justified. The arbitral tribunal shall rule on a plea referred to...

Section Power of arbitral tribunal Section Unless the parties agree, the appointing authority may, at the request of a party , order any party to take such interim measure of protection as the arbitral tribunal may consider necessary in respect of the subject matter of the dispute, and the arbitral tribunal may require any party to provide appropriate security in connection with such measure. The appointing authority or a party with the approval of the appointing authority may seek assistance from the Centre in the exercise of any power conferred on the appointing authority under subsection (1) . Where a request is made under subsection (2) , the court shall have, for the purposes of the arbitral proceedings, the same power to make an order for the doing of anything which the arbitral tribunal is empowered to order under subsection (1) as it would have in civil proceedings before that court , but the arbitral proceedings shall continue notwithstanding that a request has been made and is being considered by the court .

Section Equal treatment of parties Section The parties shall be treated with equality, and each party shall be given reasonable opportunity for presenting his or her case.

Section Determination of rules of procedure Section Subject to this Act, the parties are free to agree on the procedure to be followed by rules of the arbitral tribunal in the conduct of the proceedings. If there is no agreement under subsection (1) , the arbitral tribunal may, subject to this Act, conduct the arbitration in the manner it considers appropriate. The power of the arbitral tribunal under subsection (2) includes the power to determine the admissibility, relevance, materiality and weight of any evidence. Every witness giving evidence and every person appearing before an arbitral tribunal shall have at least the same privileges and immunities as witnesses and advocates in proceedings before a court .

Section Place of arbitration Section The parties are free to agree on the place of arbitration . If the parties fail to agree under subsection (1) , the place of arbitration shall be determined by the arbitral tribunal having regard to the costs and the circumstances of the case and to the convenience of the parties. Notwithstanding subsection (1) , the arbitral tribunal may, unless agreed by the parties, meet at any place it considers appropriate for consultation among its members, for hearing witnesses, experts or the parties, or for the inspection of documents, goods or other property.

Section Commencement of arbitral proceedings Section Unless the parties agree, the arbitral proceedings in respect of a particular dispute shall commence on the date on which a request for the dispute to be referred to arbitration is received by the respondent.

Section Language Section The arbitral proceedings shall be conducted in the English language unless the parties otherwise agree to an interpreter. Where the parties fail to agree under subsection (1) , the arbitral tribunal shall determine the language or languages to be used in the arbitral proceedings. An agreement or determination under subsection (1) or (2) shall, unless specified, apply to any written statement by a party , any hearing and any arbitral award , decision or other communication by the arbitral tribunal . The arbitral tribunal may order that any documentary evidence shall be accompanied by a translation into the language or languages agreed upon by the parties or determined by the arbitral tribunal .

Section Statements of claim and defence Section Within the period of time agreed upon by the parties or determined by the arbitral tribunal , the claimant shall state the facts supporting his or her claim, the points at issue and the relief or remedy sought, and the respondent shall state his or her defence in respect of these particulars, unless the parties have agreed as to the required particulars of such statements. The claimant shall have a right to file a reply to the defence. The parties may submit with their statements all documents they consider to be relevant or may add a reference to the documents or other evidence they will submit to provide for a reply to the defence as a cardinal rule of law for a person to be heard. A party may amend or supplement his or her claim or defence during the course of the arbitral proceedings unless the arbitral tribunal considers it inappropriate to allow the amendment or supplement having regard to the delay in making it.

Section Hearing and written submissions Section Subject to any agreement to the contrary by the parties, the arbitral tribunal shall decide whether to hold oral hearing for the presentation of evidence or have oral argument or written submissions. Unless the parties have agreed that no hearing shall be held, the arbitral tribunal shall hold oral hearings at an appropriate stage of the proceedings. The arbitral tribunal shall have power to administer oaths to the parties and witnesses appearing. Order XLVII rule 7 of the Civil Procedure Rules shall apply in the case of any arbitration agreement under this Act as it applies to a reference under Order XLVII of those Rules. The parties shall be given sufficient advance notice of any hearing and of any meeting of the arbitral tribunal . All statements, documents or other information furnished to, or applications made to, the arbitral tribunal by one party shall be communicated to the other party , and any expert report or evidential document on which the arbitral tribunal may rely in making its decisions shall be communicated to the parties. At any hearing or meeting of the arbitral tribunal of which notice is required to be given under...

Section Default of party Section Unless agreed by the parties, if, without showing sufficient cause the claimant fails to communicate his or her statement of claim in accordance with section 23(1) , the arbitral tribunal shall terminate the arbitral proceedings; the respondent fails to communicate his or her statement of defence in accordance with section 23(1) , the arbitral tribunal shall continue the proceedings without treating the failure by itself as an admission of the claimant’s allegations; any party fails to appear at a hearing or to produce documentary evidence, the arbitral tribunal may continue the proceedings and make the award on the evidence before it; the claimant fails to proceed with his or her claim, the arbitral tribunal may make an award dismissing the claim or give directions, with or without conditions, for the speedy determination of the claim.

Section Experts Section Unless the parties agree otherwise, the arbitral tribunal may— appoint one or more experts to report to it on specific issues to be determined by the arbitral tribunal ; and require a party to give the expert any relevant information or to produce or provide access to any relevant documents, goods or other property for inspection. Unless the parties agree otherwise, and the parties so request or if the arbitral tribunal considers it necessary, the expert shall, after delivery of his or her written or oral report, participate in an oral hearing where the parties shall have the opportunity to put questions to him or her and to present expert witnesses in order to testify on the points at issue. Unless the parties agree otherwise, the expert shall, upon the request of a party , make available to that party for examination all documents, goods or other property in the expert’s possession which was provided to him or her in order to prepare his or her report.

Section Court assistance in taking evidence Section The arbitral tribunal , or a party with the approval of the arbitral tribunal , may request from the court assistance in taking evidence, and the court may execute the request within its competence and according to its rules on taking evidence.

Section Rules applicable to substance of dispute Section The arbitral tribunal shall decide the dispute in accordance with the rules of law chosen by the parties as applicable to the substance of the dispute. The choice of the law or the legal system of any designated State shall be construed, unless otherwise agreed by the parties, as directly referring to the substantive law of that State and not to its conflict of laws rules. If there is no choice of the law under subsection (1) by the parties, the arbitral tribunal shall apply the rules of law it considers to be appropriate given all the circumstances of the dispute. The arbitral tribunal shall decide on the substance of the dispute according to considerations of justice and fairness without being bound by the rules of law, except if the parties have expressly authorised it to do so. In all cases, the arbitral tribunal shall decide in accordance with the terms of the particular contract and shall take into account the usages of the trade applicable to the particular transaction.

Section Decision making by panel of arbitrators Section In arbitral proceedings with more than one arbitrator, any decision of the arbitral tribunal shall be made by a majority of all its members. Notwithstanding subsection (1) , if authorised by the parties or all the members of the arbitral tribunal , questions of procedure may be decided by a presiding arbitrator.

Section Form of arbitration agreement Section An arbitration agreement is in writing if it is contained in— An arbitration agreement may be in the form of an arbitration clause in a contract or in the form of a separate agreement. An arbitration agreement shall be in writing. a document signed by the parties; or an exchange of letters, a telex, a telegram or other means of telecommunication which provides a record of the agreement. The reference in a contract to a document containing an arbitration clause shall constitute an arbitration agreement if the contract is in writing and the reference is such as to make that arbitration clause part of the contract.

Section Settlement Section If, during arbitral proceedings, the parties settle the dispute, the arbitral tribunal shall terminate the proceedings and, if requested by the parties, record the settlement in the form of an arbitral award on agreed terms. An arbitral award on agreed terms shall be made in accordance with section 31 and shall state that it is an arbitral award . An arbitral award on agreed terms has the same status and effect as any other arbitral award on the substance of the dispute.

Section Form and contents of arbitral award Section The arbitral award shall state the reasons upon which it is based, unless— Unless otherwise agreed by the parties— The arbitrators shall make their award in writing within two months after entering on the reference, or after having been called on to act by notice in writing from any party to the submission, or on or before any later day to which the arbitrators, by any writing signed by them, may enlarge the time for making the award. If the arbitrators have allowed their time or extended time to expire without making an award, or have delivered to any party to the submission or to the umpire a notice in writing stating that they cannot agree, the umpire may forthwith enter on the reference in place of the arbitrators. The umpire shall make his or her award within one month after the original or extended time appointed for making the award of the arbitrators has expired, or on or before any later day to which the umpire , by any writing signed by him or her, from time to time, enlarged the time for making his or her award. An arbitral award shall be made in writing and shall be signed by the arbitrator or the arbitrators. For the...

Section Termination of arbitral proceedings Section The arbitral tribunal shall issue an order for the termination of the arbitral proceedings where— The arbitral proceedings shall be terminated by the final arbitral award or by an order of the arbitral tribunal under subsection (2) . the claimant withdraws his or her claim, unless the respondent objects to the order and the arbitral tribunal recognises a legitimate interest on his or her part in obtaining a final settlement of the dispute; the parties agree on the termination of the arbitral proceedings; or the arbitral tribunal finds that the continuation of the proceedings has for any other reason become unnecessary. Notwithstanding subsection (2)(c) , the arbitral tribunal may terminate the arbitral proceedings where there has been an unconscionable delay, on the application of either party or of its own motion. Subject to sections 33 and 34 , the mandate of the arbitral tribunal shall terminate upon the termination of the arbitral proceedings.

Section Correction and interpretation of arbitral award; additional award Section Within fourteen days after receipt of the arbitral award , unless a different period of time has been agreed upon by the parties— a party may request the arbitral tribunal to correct in the arbitral award any computational errors, any clerical or typographical errors or any other errors of a similar nature; and a party may, if agreed by the parties, request the arbitral tribunal to give an interpretation of a specific point or part of the arbitral award . If the arbitral tribunal considers the request made under subsection (1) to be justified, it shall make the correction or give the interpretation within fourteen days after receipt of the request, and the interpretation shall form part of the arbitral award . The arbitral tribunal may correct any error of the type referred to in subsection (1)(a) on its own initiative within thirty days after the date of the arbitral award . A party may, within thirty days after receipt of the arbitral award , request the arbitral tribunal to make an additional arbitral award as to claims presented in the arbitral proceedings but omitted from the arbitral award . If...

Section Application for setting aside arbitral award Section An arbitral award may be set aside by the court only if— the party making the application furnishes proof that— the court finds that— Recourse to the court against an arbitral award may be made only by an application for setting aside the award under subsections (2) and (3) . a party to the arbitration agreement was under some incapacity; the arbitration agreement is not valid under the law to which the parties have subjected it or, if there is no indication of that law, the law of Uganda; the party making the application was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was unable to present his or her case; the arbitral award deals with a dispute not contemplated by or not falling within the terms of the reference to arbitration or contains decisions on matters beyond the scope of the reference to arbitration ; except that if the decisions on matters referred to arbitration can be separated from those not so referred, only that part of the arbitral award which contains decisions on matters not referred to arbitration may be set aside; the composition of the arbitral tribun...

Section Recognition and enforcement of arbitral award Section Unless the court otherwise orders, the party relying on an arbitral award or applying for its enforcement shall furnish— An arbitral award shall be recognised as binding and upon application in writing to the court shall be enforced subject to this section. the duly authenticated original arbitral award or a duly certified copy of it; and the original arbitration agreement or a duly certified copy of it. If the arbitral award or arbitration agreement is not made in the English language, the party shall furnish a duly certified translation of it into the English language.

Section Enforcement Section Where the time for making an application to set aside the arbitral award under section 34 has expired, or that application having been made, it has been refused, the award shall be enforced in the same manner as if it were a decree of the court .

Section Bankruptcy Section Where a person who has been adjudged bankrupt had, before the commencement of the bankruptcy, become a party to an arbitration agreement , and any matter to which the agreement applies requires to be determined in connection with or for the purposes of the bankruptcy proceedings, then if the case is one to which subsection (1) does not apply— Where it is provided by a term in a contract to which a bankrupt is a party that any differences arising out of or in connection with the contract shall be referred to arbitration , then if the trustee in bankruptcy adopts the contract, that term is enforceable by or against him or her so far as relates to those differences. any other party to the agreement or, with the consent of the committee of inspection, the trustee in bankruptcy may apply to the court having jurisdiction in the bankruptcy proceedings for an order directing that the matter in question shall be referred to arbitration in accordance with the agreement; and the court , if it is of the opinion that, having regard to all the circumstances of the case, the matter ought to be determined by arbitration , may make an order accordingly. This section shall...

Section Questions of law arising in domestic arbitration Section Where in the case of arbitration , the parties have agreed that— On an application or appeal being made to the court under subsection (1) , the court may, as appropriate— Notwithstanding sections 9 and 34 , an appeal shall lie to the Court of Appeal against a decision of the court under subsection (2) if— an application by any party may be made to a court to determine any question of law arising in the course of the arbitration ; or an appeal by any party may be made to a court on any question of law arising out of the award, determine the question of law arising; confirm, vary or set aside the arbitral award or remit the matter to the arbitral tribunal for reconsideration or, where another arbitral tribunal has been appointed, to that arbitral tribunal for consideration. the parties have so agreed that an appeal shall lie; and the court grants leave to appeal, or where the court fails to grant leave, the Court of Appeal grants special leave to appeal, An application or appeal under this section shall be made within the time limit and in the manner prescribed by the rules of court applicable, as the case may be, in th...

Section Waiver of right to object Section A party who knows of any provision of this Act from which the parties may derogate or of any requirement under the arbitration agreement which has not been complied with and proceeds with the arbitration without objection to the noncompliance without undue delay or, if a time limit is prescribed, within that period of time, shall be deemed to have waived the right to object.

Section Stay of legal proceedings Section A judge or magistrate before whom proceedings are being brought in a matter which is the subject of an arbitration agreement shall, if a party so applies after the filing of a statement of defence and both parties having been given a hearing, refer the matter back to the arbitration unless he or she finds— that the arbitration agreement is null and void, inoperative or incapable of being performed; or that there is not in fact any dispute between the parties with regard to the matters agreed to be referred to arbitration . Notwithstanding that an application has been brought under subsection (1) and the matter is pending before the court , arbitral proceedings may be commenced or continued and an arbitral award may be made.

Section Interim measures by court Section A party to an arbitration agreement may apply to the court , before or during arbitral proceedings, for an interim measure of protection, and the court may grant that measure. Where a party applies to the court for an injunction or other interim order and the arbitral tribunal has already ruled on any matter relevant to the application, the court shall treat the ruling or any finding of fact made in the course of the ruling as conclusive for the purposes of the application.

Section Death of a party Section An arbitration agreement is not discharged by the death of any party to the agreement, in respect of the deceased or any other party , but in that event the agreement is enforceable by or against the personal representative of the deceased. The authority of an arbitrator is not revoked by the death of any party by whom he or she was appointed. Nothing in this section affects the operation of any law by virtue of which any right of action is extinguished by the death of a person.

Section Receipt of written communications Section Unless otherwise agreed by the parties— any written communication is deemed to have been received if it is delivered to the addressee personally or if it is delivered at his or her place of business, habitual residence or mailing address; and the communication is deemed to have been received on the day it is so delivered. If none of the places referred to in subsection (1)(a) can be found after making a reasonable inquiry, a written communication is deemed to have been received if it is sent to the addressee’s last known place of business, habitual residence or mailing address by registered mail or by any other means which provides a record of the attempt to deliver it. This section does not apply to written communications in respect of court proceedings.

Section Extent of court intervention Section Except as provided in this Act, no court shall intervene in matters governed by this Act.

Section Definition Section A “ New York Convention award ” means an arbitral award made, in pursuance of an arbitration agreement , in the territory of a State (other than Uganda) which is a party to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”) adopted by the United Nations Conference on International Commercial Arbitration on 10th June, 1958. An arbitral award shall be treated as made at the seat of the arbitration , regardless of where it was signed, dispatched or delivered to any of the parties.

Section Power of judicial authority to refer parties to arbitration Section When seized of an action in a matter in respect of which the parties have made an arbitration agreement referred to in section 39 , the court shall, at the request of one of the parties, refer the parties to arbitration , unless it finds that the agreement is null and void, inoperative or incapable of being performed.

Section When foreign award binding Section Any New York Convention award which would be enforceable under this Part shall be treated as binding for all purposes on the persons as between whom it was made, and may accordingly be relied on by any of those persons by way of defence, set-off or otherwise in any legal proceedings in Uganda, and any references in this Part to enforcing a foreign award shall be construed as including references to relying on an award.

Section Conditions for enforcement of New York Convention awards Section A New York Convention award shall be recognised and enforced pursuant to section 35 .

Section Enforcement Section Where the court is satisfied that a New York Convention award is enforceable under this Part, the award shall be deemed to be a decree of that court .

Section Right of enforcement in Uganda not prejudiced Section Nothing in this Part shall prejudice any rights which any person would have had of enforcing in Uganda of any award or of availing himself or herself in Uganda of any award if this Part had not been enacted.

Section Definition Section For the purposes of this Part— An “ ICSID Convention award ” means an arbitral award rendered pursuant to the Convention on the Settlement of Investment Disputes between States and Nationals of other States (the “ICSID Convention”) which was opened for signature on 18th March, 1965. an ICSID Convention award shall include any decision interpreting, revising or annulling an award, being a decision pursuant to the ICSID Convention, and any decision as to costs which under the Convention is to form part of the award; and an award shall be deemed to have been rendered pursuant to the ICSID Convention on the date on which certified copies of the award were pursuant to the ICSID Convention dispatched to the parties.

Section Registration Section The power to make rules of court under section 68 shall include power— A person seeking enforcement of an ICSID Convention award shall be entitled to have the award registered in the court subject to proof of the prescribed matters and to the other provisions of this Part. In addition to the pecuniary obligations imposed by the ICSID Convention award , the award shall be registered for the reasonable costs of and incidental to registration. If at the date of the application for registration the pecuniary obligations imposed by the ICSID Convention award have been partly satisfied, the award shall be registered only in respect of the balance, and if those obligations have been wholly satisfied, the award shall not be registered. to prescribe the procedure for applying for registration under this Part, and to require an applicant to give prior notice of his or her intention to other parties; to prescribe the matters to be proved on the application and the manner of proof and, in particular, to require the applicant to furnish a copy of the award certified pursuant to the ICSID Convention; and to provide for the service of notice of registration of the awa...

Section Enforcement Section Subject to this Part, an ICSID Convention award registered under section 46 shall, as respects the pecuniary obligations which it imposes, be of the same force and effect for the purposes of execution as if it had been a judgment of the court given when the award was rendered pursuant to the ICSID Convention and entered on the date of registration under this Part, and, so far as relates to such pecuniary obligations— proceedings may be taken on the award; the sum for which the award is registered shall carry interest; the court shall have the same control over the execution of the award as if the award had been a judgment of such court . Rules of court made under section 84 may contain provisions requiring the court on proof of the prescribed matters to stay execution of any ICSID Convention award registered under this Part so as to take account of cases where enforcement of the award has been stayed (whether provisionally or otherwise) pursuant to the ICSID Convention, and may provide for the provisional stay of execution of the award where an application is made pursuant to the ICSID Convention which, if granted, might result in a stay of enforcement o...

Section Application and scope Section Except as otherwise provided by any law for the time being in force, and unless the parties have otherwise agreed, this Part shall apply to conciliation of disputes arising out of a legal relationship, whether contractual or not, and to all proceedings relating to it. This Part shall not apply where by virtue of any law for the time being in force certain disputes may not be submitted to conciliation.

Section Commencement of conciliation proceedings Section The party initiating conciliation shall send to the other party a written invitation to conciliate under this Part, briefly identifying the subject of the dispute. Conciliation proceedings shall commence when the other party accepts in writing the invitation to conciliate. If the other party rejects the invitation, there will be no conciliation proceedings. If the party initiating conciliation does not receive a reply within twenty-one days from the date on which he or she sends the invitation, or within such other period of time as specified in the invitation, he or she may elect to treat that as a rejection of the invitation to conciliate, and if he or she so elects, he or she shall inform in writing the other party accordingly.

Section Number of conciliators Section There shall be one conciliator unless the parties agree that there shall be two or three conciliators. Where there is more than one conciliator, the conciliators shall, as a general rule, act jointly.