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GUIDE to CONCILIATION AT JSE

2. Selection and Appointment of Conciliator

    Conciliators are usually chosen from among the persons who are listed on the Panel of Members of the Tokyo Maritime Arbitration Commission of JSE.

    Please refer to Article 4 of the Conciliation Rules for details.

Letter of Appointment for Conciliator

Notification No.101
August 8, 1994

Mr. Alan Peacemaker*1

CONCILIATION REGARDING DISPUTE
OVER MS HEISEI MARU FORWARDING CONTRACT (Example)

Dear Mr. Peacemaker

    A Submission for Conciliation dated July 30, 1994 was filed requesting conciliation together with the preliminary investigation fees by Mr. John BAYSWATER, Representative Director of Excellent Shipping Co., Inc. and Mr. Hardy STOCKMANN, Representative Director of Japan Materials Kabushiki Kaisha, regarding the above captioned matter.

    JSE has decided to commence the conciliation proceedings immediately under Section 2(2) of JSE Conciliation Rules (the "Conciliation Rules").*2

    Under Section 4(1) of the Conciliation Rules and upon consultation with the parties, all the parties concerned have agreed to appoint you as the conciliator for this case.*3

    We would appreciate it very much if you would accept the appointment.

Sincerely yours,

    (Signed)
    XXXXXXXXXXXX*4

    The Japan Shipping Exchange, Inc.

Enclosure: Submission for Conciliation dated July 30, 1994 (one copy)

CC: Excellent Shipping Co., Inc.
Mr. John BAYSWATER, Representative Director
Japan Materials Kabushiki Kaisha
Mr. Hardy STOCKMANN, Representative Director*5
[Comment]
  1. (Note 1): As the conciliator is appointed as an individual, his affiliation (company) or title is not to be described.
  2. (Note 2): As this example assumes that the Submission for Conciliation has been submitted, it mentions that "JSE has decided to commence the conciliation proceedings immediately". When a Request for Conciliation has been submitted, reference to "Notice of Decision to Commence or Deny Conciliation" is to be made.
  3. (Note 3): The example assumes an ideal case under the Conciliation Rules.
  4. (Note 4): As the business falls under the control of JSE, the name of the person in charge at JSE shall be given here.
  5. (Note 5): A copy of this document is sent to each of the parties to notify them of the appointment of the conciliator.