Court of Conciliation and Arbitration
Organization for Security and Co-operation in Europe Who we are The Court of Conciliation and Structure members are highly experienced experts, and are Arbitration provides mechanisms The Court is composed of committed to carry out their two categories of members functions in an independent for the peaceful settlement of appointed by the States and impartial manner. parties, in line with the Court’s disputes between States. The two different procedures: The members elect the conciliation and arbitration. Court’s President as well Court was established by the Each of these members may as a Bureau composed of serve a term of six years, two conciliators and two Convention on Conciliation and which can be renewed. arbitrators, complemented by alternates, for a period of six Arbitration within the OSCE, Each State party appoints years. The Bureau plays an two conciliators who are important role as the Court’s adopted in 1992 in Stockholm. entered into the Court’s list executive body and maintains of conciliators. They may be regular contacts with its entrusted, by the parties to a States parties and the OSCE This Convention that laid the The Convention entered into dispute, to act in a conciliation community, defines the Court’s foundation of the Court of force in 1994 and has been procedure. Each State party outreach activities, liaises with Conciliation and Arbitration ratified so far by 34 OSCE also appoints one arbitrator legal fora and represents the within the OSCE was an participating States. The and an alternate who are Court in its external relations. important step by States in Court is based in Geneva, registered on the list of strengthening their commitment Switzerland, and operates arbitrators. They may serve Emmanuel Decaux, who was to the peaceful settlement of as an independent institution in an arbitral tribunal, if and elected in November 2019, disputes between States as functioning in accordance when such a tribunal is set up. holds the Court presidency. articulated in principle V of with OSCE principles. He was preceded by Christian the Helsinki Final Act (1975). According to the terms Tomuschat (2013-2019) and of the Convention, these Robert Badinter (1995-2013).
Facts and figures
States parties: Activities:
Albania, Armenia, Austria, Belarus, The Court is yet to hear a case but stands ready to convene and Bosnia and Herzegovina, Croatia, adjudicate on a dispute once brought by a State. In the meantime, the Cyprus, Denmark, Finland, France, Bureau of the Court and its President liaise with OSCE institutions to Germany, Greece, Hungary, Italy, Latvia, highlight conciliation and arbitration as effective ways of conflict resolution. Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Monaco, Montenegro, Outreach: North Macedonia, Norway, Poland, Portugal, Romania, San Marino, The Court’s outreach activities focus on the international community and Slovenia, Sweden, Switzerland, academia. It organizes presentations sessions and colloquia dealing with Tajikistan, Ukraine, Uzbekistan conciliation in international law. The Court’s research has been published by leading editors. The latest book “Flexibility in International Dispute Budget: Settlement - Conciliation Revisited”, edited by Christian Tomuschat and Marcelo Kohen, was released in July 2020. Furthermore, the Court The Court has an annual budget of 95,000 strives to offer efficient communication tools stressing the advantages Swiss francs (around 90,000 euros), of the flexible procedures it provides to settle disputes peacefully. which is funded by the 34 States parties. These tools are available on the Court’s website: osce.org/cca. How we work on conciliation The Court OSCE participating
offers two, States by agreement
complementary, States by application Conciliation Commission parties
tracks for dispute settlement: conciliation and Appointment of the Conciliators
arbitration. Each party to the dispute appoints its conciliator from the Court’s list of conciliators. If more than one State party is involved, each party can appoint several conciliators, as long as the parties each appoint the same number of conciliators. The Bureau of the Court appoints another three conciliators, or more to obtain an uneven number of conciliators sitting in the Conciliation Commission. These mechanisms can be activated unilaterally by any State party to the Convention for a dispute between it and State A Bureau of the Court State B one or more other States parties. The procedures are open to OSCE participating States that have not ratified the Convention, on the basis Conciliation Commission of a bilateral or multilateral agreement between the States concerned. The Conciliation Commission assists the parties in finding a settlement in accordance with international law and OSCE commitments. The States parties may use either the conciliation or arbitration procedures to settle a dispute, or both successively. Proceedings - Confidential. - The parties are consulted to determine the procedure and the location where the conciliation commission will be sitting. Conciliation
The purpose of conciliation is to bring together, in a confidential procedure, the points of view of the parties Final Report of the Conciliation Settlement to a dispute, in clarifying their Commission The parties reach a mutually acceptable positions and to propose settlement with the help of the Conciliation The Conciliation Commission draws up a a solution to the dispute, Commission during the proceedings. final report with its proposals for the which the States are then The terms of the settlement are recorded in peaceful settlement of the dispute. a summary of conclusions signed by their The final report of the Conciliation free to accept or to reject. representatives and the members of the Commission is notified to the parties who This process is entrusted to Conciliation Commission. The signing of have 30 days to decide whether they accept a conciliation commission. the document concludes the proceedings. the proposed settlement. If a party to the dispute does not accept the proposed settlement, the other parties are no longer bound by their own acceptance thereof. How we work on arbitration OSCE Arbitration participating States
In contrast to conciliation, the nature of inter-state States arbitration is to adjudicate parties Arbitral Tribunal the dispute submitted to by agreement the Court with the authority of a final decision.
The arbitration procedure Appointment of the Arbitrators can be initiated by agreement The arbitrators appointed by the parties to the dispute become members of the Tribunal. If there is more than between States parties or one State asserting the same interest in a dispute, they may collectively agree to appoint one single arbitrator.
OSCE participating States. The Bureau also appoints arbitrators, ensuring an uneven number of members on the Tribunal.
Alternatively, States parties may declare that they recognize as compulsory State A Bureau of the Court State B the jurisdiction of an arbitral tribunal which is subject to reciprocity. Such a declaration may be made for a unlimited Arbitral Tribunal period or a specified time.
All the parties to the dispute have the right to be heard during the arbitration proceedings according to the principles of a fair trial. The Arbitral Tribunal reaches its decision on a dispute in accordance with relevant international law.
Proceedings - Proceedings consist of a written part and an oral part. - The Arbitral Tribunal has the necessary fact-finding and investigative powers to carry out its tasks. - Hearings are held in camera (in a private chamber).
Arbitral Award - The award shall state the reasons on which it is based. - The award of the Tribunal is binding on the parties. - The award is final and not subject to appeal.
Follow OSCE Court of Conciliation and Arbitration within the OSCE Avenue de France 23 CH-1202 Geneva Switzerland
Office: +41 22 758 00 25 E-mail: info@oscecourt.org Organization for Security and Co-operation in Europe www.osce.org/cca