Regulations to the Act on liner conferences etc.
Ministry of Industry and Ministry of Fisheries
Published In 1985 s 1258
Regulations to the Act on liner conferences etc.
Chap. 1. General provisions (§§ 1-4)
Chap. 2. Line Conferences (§§ 5-19)
Chap. 3. Relationship to transport users (§§ 20-24)
Chap. 4. Freight rates (§§ 25-41)
Chap. 5. Other provisions (§§ 42-45)
Chap. 6. Consultations (§§ 46-48)
Chap. 7. Disputes. International mediation (§§ 49-59)
Chap. 8. Final provisions (L-60)
Stipulated by Royal Decree. of 6 December 1985. Promoted by the Ministry of Commerce.
Chap. 1. General Provisions
§ 1. Scope The regulations apply to liner conferences and their activities in line speed by ship between Contracting States.
§ 2. Definitions In these regulations apply:
"Convention": the United Nations Convention on 6 April 1974 concerning a regulatory framework for linjekonferansers business, with "Contracting State" means a State that is bound by the Convention.
"the EC State" means a State member of the European Community;
"OECD State" means a State member of the Organisation for Economic Co-operation and Development;
"Public authority" authority in a state that executes the tasks according to the regulations conferred public authority in the realm Ministry;
"Line Conference": or "conference": two or more shipping lines engaged in international liner shipping for the carriage of goods in one or more specific routes within a limited geographic area, and which operates business under uniform or common freight rates and other agreed conditions for such line speed;
"Traffic Sharing": determination of traffic units or sailing plans and other arrangements for advance sharing of liner shipping between members of a shipping conference;
"Transport User" means a person who has entered into or intend to enter into an agreement or other arrangement with a conference or a line company for transport of goods which he has a financial interest in;
"Transport User Organization": an association that promotes, represents and safeguards the interest of transport users and, if necessary, approved as such by the public authority of the State where the transport users concerned, belong. The Ministry may by individual decisions or regulations stipulate what is meant by transport user organization, and
"National line": in one state is a line shipping company's head office and actually lead there, and is recognized as a national line by a public authority or laws of the state.
Lines belonging to and operated by a joint venture that has participation from two or more countries, as well as headquarters and actual management in one of them, may be recognized as a national line in these states if the interests of the States concerned has a significant stake in the joint venture .
Every line company which is established in Norway, Finland, Sweden, Denmark or in another EU member state in accordance with the law which, regarded as a national line.
§ 3. Approval of the national line in a conference, each group of member lines of the same nationality settle by negotiation with another line shipping company of the same nationality if this allowed to join the conference as a national line.
It creates a new conference, it will be decided by negotiations between line shipping companies of the same nationality which of them will participate in the conference as the national line.
Agreement is not reached, the public authority in that State at the request of one of the line shipowners and after everyone is given the opportunity to express themselves, take the measures necessary to solve the dispute. Here in the realm can such a dispute referred requested to resolve Line Conference Council.
Every line company which is incorporated in the State shall be treated in the same way as line companies that have headquarters and effective management there.
Rules of this paragraph applies lines established in Norway, Finland, Sweden, Denmark or another EU state. The Ministry may decide that the rules should also apply to lines established in other OECD member state.
§ 4. Terms of Linjekonferanse- and traffic sharing agreements and exclusive arrangements shall comply with the requirements imposed by regulations.
The contract terms may apply fully or partially aside to the extent that it is inconsistent with a provision of the regulations.
Chap. 2. Line Conferences
§ 5. Membership of national line A national line satisfying the requirements of subsections, may claim to be a full member of a conference who participate in the transportation of foreign trade of the State in which the line belongs.
When applying for membership must line demonstrate that the within the conference can operate appropriate and effective line speed of such duration that the conference agreement requires. The line can avail chartered tonnage to meet these requirements.
Line must also undertake to follow convention Agreement, and if the agreement requires it, provide security for the obligations referred to in § 16
§ 6. Membership for other shipping lines When applying for membership for a line company which is not national lines within the conference area, § 5 second and third paragraphs accordingly. By decision should also be taken into account factors such as
load is transported on routes serving the conference, as well as the view to increase;
about available tonnage meet present and future transportation needs in these routes;
implications for efficiency and quality in the business move in that line company becomes a member, and
the traffic line company already has on routes serving the conference.
These guidelines shall be applied so that the implementation of the provisions of Chapter 2 II prevented.
§ 7. reinstatement Seeking a line shipping to be reinstated as a member, § 5 second and third paragraphs accordingly. Line shipping company must also demonstrate that it has covered its obligations under § 16
conference can make a special investigation of the background that line the company withdrew from the conference.
§ 8. The procedure Application for membership shall be decided and the applicant shall be notified about the results without undue delay, in any case within 6 months after the date of application. The application is rejected, the conference also justify this in writing.
When an application being considered, the conference take into account views put forward by transport users or their organizations in states with foreign trade as conference serving, and views as a public authority in such State may require considering.
II. Agreements on traffic sharing in certain trade areas
§ 9 Scope The provisions of §§ 11 to 15 do not apply to liner shipping between the OECD countries. Ministry may nevertheless decide that §§ 11 to 15 wholly or partly apply also for line traffic between Norway, Finland, Sweden, Denmark or other EU states and other OECD member state, if this state does similar rules applicable to such trade.
The provision in subsection cause no limitations with a linjerederis opportunity to compete for a trafikkdel significant.
§ 10. Right to participate in traffic Any member of a conference shall have sailing and trading download right within the trade in which the conference includes. Any member serving liner that is subject to a scheme for traffic sharing, can claim to be part of the traffic division.
A member can avail chartered tonnage to fulfill their duties in the conference.
§ 11. Traffic Sharing Agreements for traffic sharing shall be designed in accordance with the following guidelines unless otherwise agreed:
The group of national lines from each of the two states which gets its trade carried by the conference shall be entitled to equal shares of freight and cargo volumes arising from trade carried by the conference.
Other shipping lines should be entitled to a significant percentage, such as 20 per cent. Of freight and cargo volumes arising from such trade.
The national lines in each State shall, notwithstanding the number counted as a group. Cargo carried by the conference includes the load-carrying members in accordance with the conference agreement regardless of origin, destination or use, with the exception of military equipment for national defense purposes.
If the domestic lines from a state decides not to carry their entire trafikkdel, distributed the rest among the other shipping lines according to their traffic share. The same applies when it does not participate any national line from that State. Participates no national lines in the trade in question, carried traffic division on commercial principles.
The national lines from a region at one end of the conference area can by agreement redistribute the traffic share accruing to them by subsections.
An agreement on traffic sharing shall be reviewed at regular intervals specified in the agreement.
§ 12. Redistribution between shipping lines from OECD states The traffic parts on request in accordance with § 11 falls to groups of national lines or other shipping lines from OECD countries shall be reallocated between these shipping lines unless they agree otherwise. Redistribution carried by a unanimous decision and aims to give all a fair share of the conference traffic.
A linjerederis trafikkdel determined by commercial principles. Having regard in particular to:
the load amount carried by the conference and arising from foreign trade to OECD countries served by the conference;
line shipowners earlier part of the liner traffic division applies;
the load amount carried by the conference and go over ports in OECD countries, and
needs of the transport users who get their cargo carried by the conference.
No agreement is reached on the redistribution, either party may request that the dispute referred to arbitration under § 52. A dispute can not be settled in this way, the parties may submit to arbitration.
Redistribution shall be reviewed at regular intervals specified in the agreement. Besides the guidelines referred to in subsections shall take particular account of the transport users' needs for suitable and effective line speed.
Ministry may decide that shipping lines from an OECD State not to participate in the redistribution, if that State is not practiced arrangements providing similar benefits to shipping lines from Norway, Finland, Sweden, Denmark and the other EU states.
§ 13 Requirements for traffic sharing in conferences without traffic sharing arrangement each group of national lines require that it be determined traffic parts under § 11 or introduced another similar scheme for the trade between the two countries carried by the conference.
Requirement decided by the Conference within six months after receipt. Agreement is not reached, the groups of national lines majority when deciding whether the scheme should be introduced.
Are groups of national lines disagree should be established, traffic shares pursuant to § 11, they instead enforce another scheme that will give them essentially the same benefits. Similar requirements may be submitted if the conference does not participate any national line from one of the two states.
Conference will do its best to meet their requirements under the third paragraph. Met no requirement, public authorities of the two states to discuss the issue and if so do the parties know their views. If no consensus can dispute required processed under the provisions of Chapter 7.
A line company which is not national lines, may also propose the introduction of a traffic sharing arrangement. Proposals considered by the conference in accordance with the provisions of the regulations.
§ 14. Rejection of cargo Conference shall ensure that traffic sharing scheme has rules for cases where cargo is rejected by reasons other than transport user delivers it too late.
The rules shall stipulate that a ship with suitable space can take the load although line company thus exceeding its trafikkdel, if the load will otherwise be delayed beyond the period specified conference.
§ 15. Transitional period The implementation of the provisions of §§ 10 to 14 should be started as soon as possible after the entry into force and shall be completed within a transitional period adapted to the particular circumstances of the liner trade concerned, but no longer than two years.
III. Other provisions
§ 16. Termination of membership A line shipping company may terminate its membership in a conference with 3 months notice or such other period as the conference agreement establishes, unless otherwise provided by rules on termination of the agreement on traffic sharing.
A conference may suspend or exclude a member because of material breach of the conference agreement. The agreement shall lay down rules on notice. The decision will not take effect until a written explanation is given and possible disputes are settled by the provisions of Chapter 7.
Upon termination of membership shall line the company cover its share of the conference's commitments and the date your membership lapses. Termination or suspension of membership does not relieve line company for the obligations it has towards the conference or transport users.
§ 17. Voting and decisions Conference Agreement rules on decision shall be based on all shipping lines with full membership of a tie by voting and shall not impede the conference's work or liquidation of traffic. It shall state the decisions that require unanimity.
If the conference agreement specifies that a case is deemed to apply to trade between the two states and also stipulates that a decision on the matter requires the consent of the two groups of national lines in these states, considered decision still not made until both groups have endorsed . The two groups of national lines will coordinate their views before voting in such a case.
The second paragraph does not apply to trade between OECD countries. Ministry may nevertheless decide that subsection shall apply in trade between Norway, Finland, Sweden, Denmark or the other EC Member States and other OECD member state.
§ 18. Self-inspection A conference shall ensure that at any time exists as far as possible complete list of practices that constitute unfair competition or other contract. It must also have a system for self-monitoring of such practices with special rules for:
setting fines in accordance with the nature of the infringement;
impartially review of the proceedings or decisions in complaints by a body or persons unrelated to any of the conference members, including associates,
that the request of public authorities in the state of foreign trade served by the conference or where a member belongs, shall be issued a report based on the anonymity of the parties on measures regarding such matters.
A conference and its members may require that transport users and their organizations fully support measures to prevent unfair competition.
§ 19. Information requirement Public authority in the state of foreign trade that the conference serves or where one of the members belong, may require handed conference and traffic-sharing agreements with amendments and other documents relating to the agreement.
Ministry may use the Norwegian authorities any proceedings arising out of use of or implementation of the provisions of law and regulations, require that the conference or in case Norwegian member of this without undue delay give information on the issues involved, when Ministry considers that such information is necessary in order to safeguard Norwegian shipping or transport user interests. The same applies to Norwegian transport use or transport user organization concerned is.
Chap. 3. Relationship to transport users
§ 20. Use of exclusive arrangements Line Companies that are members of a conference, you can use exclusive arrangements with transport users. These can be based on a contract with transport users or other arrangements that are not illegal in the trade in question.
Exclusive Scheme terms and conditions shall be subject to consultation between the conference and transport users' organizations or representatives. § 19 shall apply accordingly.
Disputes exclusive scheme terms and conditions may be required processed under the provisions of Chapter 7.
§ 21. Shipping Discounts Shipping rate for transport users covered by the exclusive arrangement shall be determined within a game defined as a percentage relative to the rate that applies to other transport users.
Change in discount rate resulting fraktforhøyelse, can only be implemented with 150 days notice to the transport users or according to regional practice or agreement. Disputes will be resolved in the manner exclusive arrangement stipulates.
§ 22. Shippers responsibility Exclusive scheme should explicitly stipulate the rights and obligations transport users should have, in accordance with inter alia the following rules:
transport user shall be bound in respect of cargo that the after sales agreement entrusted to him or his subsidiaries, associates or forwarder to determine transport steps. Transport User shall not using intermediary or otherwise circumvent its obligations under the exclusive scheme;
contract between line shipping and transport user must explicitly state the amount transport user should pay in case of breach of contract and liability shall not exceed the freight for each cargo section, intended for the rate contract stipulates.
Line Lines may reduce or waive its claim under the contract.
transport user can rejoin the exclusive arrangement if he meets the conditions set by the conference. Exclusive arrangement shall specify those conditions explicitly.
§ 23. Other requirements terms Exclusive scheme should also include:
a list of cargo that is exempt from the exclusive arrangement, as well as the conditions under which other loads than those mentioned in the list shall be deemed exempt;
procedure settlement of disputes arising under exclusive arrangement;
rules on written notice, and the notice period;
a special period of notice for the case referred to in § 33 of at least 30 and not more than 90 days.
§ 24. Exemption Exclusive scheme should explicitly specify the conditions for the transport user can get an exemption from the obligation to send cargo under the scheme. It shall stipulate that applications for exemption shall be decided without undue delay.
Transport user can freely select which ship he will use if the conference is not within a deadline set in an exclusive arrangement confirms that the cargo can be shipped within a period also specified in the exclusive arrangement.
If a line shipowners despite duly notice of transport user is not entering a port served by the conference when there is a set minimum of cargo, the transport user is free to choose ships to transport cargo. The same applies when line company has not responded to the notice by the agreed deadline.
Chap. 4. Freight rates
I. Freight rates and tariffs
§ 25. Determination of freight When decisions tariff issues should be taken into account these views unless otherwise specified:
freight rates to be kept at such a low level as commercially possible and so that line shipping companies can achieve reasonable profit;
conference operating costs should be calculated on roundtrip basis unless there is a basis for assessing the outbound and inbound travel separately,
freight rates should be proportionate to, inter alia, nature of the cargo and value, and the ratio of its weight and volume.
§ 26. Tariffs Conference Tariffs should be formulated in a clear and simple way. They contain as few shipping classes as possible and, as required in the trade in question, set a rate for each commodity or commodity groups. The corresponding code number after an international accepted system for commodity classification should also be indicated.
The classification of the different types of goods should as far as possible be designed in consultation with transport users' organizations and other concerned organizations.
Tariffs and associated regulations should specify all conditions concerning the application of freight rates and the carriage of the cargo rates apply. It must be clear which ports are operated only by the conference when there is a set minimum of cargo, and any minimum quantity terms.
§ 27. Prohibition of discrimination conference tariffs must not cause unreasonable discrimination between transport users.
Line shipping companies are obliged to follow the rates, terms and conditions set out tariffs and other applicable published conference papers, as well as special arrangements permitted by the regulations.
§ 28. Access to tariffs etc. Tariffs and associated legislation to the reasonable remuneration disclosed to transport users, their organizations and other stakeholders. They shall be available for inspection at the offices of line shipping companies and their agents.
§ 29. Illegal freight A freight rate may be required to put in whole or in part if:
it contradicts the provisions of § 27, or
it is stipulated without the rules concerning the procedure for ordinary fraktforhøyelse or by introducing special freight surcharge is followed.
II. General fraktforhøyelse
§ 30. Advance notice before a general fraktforhøyelse shall Conference give advance notice to transport users and their organizations or representatives, and when required, to the public authorities of the States conference serves. Such notice shall be at least 150 days or according to regional practice or agreement, and shall as well as possible increase scope, entry into force and grounds.
If the part of a state's foreign trade carried by the conference on a particular route, consisting essentially of one or a few types of goods shall be the elevation of the rate for one or more of these types of goods considered as ordinary fraktforhøyelse.
§ 31. Consultations When notice according to § 30 is granted, either party may demand that within 30 days or in accordance with an agreement initiated consultations on fraktforhøyelsens basis, scope and entry into force.
The conference may produce, as far as possible in a reasonable time before the consultations, a report from an independent and recognized auditors. A party may, where practicable, require that such report will be submitted.
The report shall also contain an overall assessment of the information on costs and revenues for the conference's perception makes fraktforhøyelse required, provided that the parties have required consultations accept assessment as one of the foundations for consultations.
Driver consultations agreement shall fraktforhøyelsene take effect from the date on which the advance notification indicates unless a later date is agreed.
§ 32. International mediation Is it not been agreed fraktforhøyelsen within 30 days after the notice pursuant to § 30 is granted, the dispute may be required processed under the provisions of Chapter 7.
Fraktforhøyelsen however put into effect pending mediation proposal insofar as this would not be in conflict with § 34. The proposal should take into consideration whether this is done and the time the new freight has been in use.
Allowable mediation proposal by the parties shall fraktforhøyelsen take effect from the date specified in the proposal.
§ 33. Termination of the exclusive arrangement etc. If the conference rejects mediation proposal referred to in § 32, the transport users and their organizations with reasonable notice, terminate any arrangement or agreement to prevent shipping lines outside the conference will be used. Termination of an exclusive arrangement must be made within 30 days and with the time limit referred to in § 23, paragraph d.
Termination under subsection does not imply earned shipping discounts lapse or be held back by the conference.
§ 34. elevated duration in certain trade areas Once a general fraktforhøyelse implemented conference should also stipulate a minimum grace period to specify how long the new freight rates will remain in effect without change. Although this is done, special freight surcharge required under the provisions of §§ 35 to 38.
validity period treated during the consultations under § 31 agreement is not reached otherwise, it must be at least 10 months from the date fraktforhøyelsen came into force before it can be given advance notice pursuant to § 30 of the new general fraktforhøyelse.
Subsections do not apply liner shipping between the OECD countries. The Ministry may provide that the provisions should apply trade between Norway, Finland, Sweden, Denmark or other EU states and other OECD member state, if this state does similar rules applicable to such trade.
III. Specific freight surcharge
§ 35. Term conference can however introduce particular freight surcharge to cover unexpected or unusual increase in costs or loss of income. Shipping supplement shall be reduced or repealed in the circumstances which justified the introduction of it, no longer exists.
When shipping the charge is introduced, the conference indicate that it is temporary, and as well as possible to explain what changes in conditions that will cause the charge is increased, reduced or abolished.
The first and second paragraphs apply correspondingly for particular freight surcharge for cargo to or from a particular port.
§ 36. Advance notice and consultation before a particular freight surcharge introduced, should be given advance notice unless conditions exceptionally makes it justified to introduce it immediately.
When a freight surcharge is notified or introduced, it required consultations. Prior consultations initiated, the conference presenting the information is believed to justify shipping charge.
Agreement is not reached, the dispute may be required processed under the provisions of Chapter 7. If advance notice given apply this when consensus is not achieved within 15 days after such notice. Unless otherwise agreed, the freight plugin still be introduced if the dispute is not settled within 30 days after receipt of the notification.
§ 37. Settlement If the introduction of a freight surcharge delayed as a result of consultations or dispute referred to in § 36, it may loss line shipowners thereby applied recoverable by freight supplement extended accordingly.
Agreement is reached on freight supplement should not have been introduced or that it was too large, the refund is made within 30 days of demand unless otherwise agreed.
§ 38. Changes in exchange If a conference overall operating expenses or revenues are affected by changes in exchange rates, the introduction of a currency adjustment factor or change freight rates. The measure shall as far as possible be designed so that it does not lead to gains or losses for member lines.
§§ 36 and 37 shall apply correspondingly. The consultations should include the application, scope and implementation of the measure.
IV. Export Promotional freight
§ 39. Introduction of export promotion freight A conference should introduce special freight to facilitate the transport of new export goods from states conference serves. When rates are determined, regard shall be had to the terms of trade in such goods from these states, particularly as regards developing countries and landlocked countries, as well as to konkurranseforvridende effects for exports of similar goods from other states served by the conference. § 28 shall apply accordingly.
§ 40. Processing of applications Transport users, their organizations or their representatives shall give the conference the necessary information about the need for export promotion freight.
Conference shall lay down specific rules governing the procedure for applications for export promotion freight. Except as otherwise agreed, the application shall be decided within 30 days of receipt.
§ 41. Validity period, etc. An export promotion freight rate should usually be determined for a period of 12 months unless otherwise agreed. How freight rate is not exempt rules on special freight surcharge.
A conference member serving the affected ports, may not unreasonably refuse to carry his reasonable share of the products with established trade promotion freight.
Chap. 5. Other provisions
§ 42. Line Lines outside the conference Line Lines standing outside a conference shall not be prevented from conducting line speed based on the principle of proper competition on a commercial basis. With the limitations imposed by exclusive arrangements, the transport users can freely choose between a shuttle service from such shipping lines and from shipping lines which are members of the conference.
Line Companies that are members of a conference may not use combat ships to operate a line shipping company that stands outside the conference, out of the conference trade area and thereby eliminate or restrict competition.
§ 43. Coverage of transportation needs The conference should ensure that member lines provide regular, suitable and efficient transport of goods on the scale transport demand dictates, on the routes it serves. The conference will schedule the races so that accumulation of ships and wide spaces between the ports of call be avoided whenever possible, and pay attention to whether special measures are needed to meet seasonal variations in load amount.
Conference and other parties mentioned in § 46, should keep informed and cooperate closely on matters relating to transport demand, traffic flow and especially the opportunities to rationalize and streamline this. Savings should a reasonable extent be expressed in freight rate levels.
Transport Users should provide reasonable notice of cargo in ports which only served by the conference as a minimum quantity exists.
§ 44. Headquarters. Regional representation The conference will have its headquarters in one of the states it serves, unless member lines decides otherwise.
A local representative will exist in each of the States conference serving unless it is convenient to arrange representation on a regional basis. Representative name and address may be required illuminated.
Representatives shall undertake to maintain effective liaison between the conference and transport users.
§ 45. Annual Conference shall annually send transport users' organizations or representatives a message about their business. The Annual Report's purpose is to keep transport users informed of matters of interest such as consultations that have taken place, processing of complaints, changes in membership and significant changes in traffic flow, tariffs or conditions of carriage.
The annual report shall on request also sent a public authority of the States conference serves.
Chap. 6. Consultations
§ 46. The procedure conference and transport users' organizations or representatives, including transport users appointed by the Government to hold consultations on issues of common interest if either party requests it. Public authorities may require to participate in the consultations, but without decision-making powers.
In the consultations, the Parties shall exchange information and views and at their best for the questions being solved in an agreed and businesslike manner.
§ 47. Scope of consultations may include:
changes in tariffs and associated regulations;
changes in freight rate levels or rates of important products;
export promotion or special cargo;
introduction or modification of special freight surcharge;
introduction of exclusive arrangements or changing their shape or condition;
change in classification of ports;
procedure when it comes to clarifying the transport users' anticipated transportation needs;
delivery of forewarning of cargo.
The consultations may also include the following matters in so far as they fall within the scope of the conference:
performing cargo inspection;
changing traffic arrangements;
effects of the unit load or other technologies for the carriage of goods are introduced;
conference coverage of transportation needs, including the effects of traffic-sharing arrangements for transport services and freight, and changes in traffic area and call frequency.
§ 48. Advance notice etc. Consultations shall be held before a case is finally settled. The conference will provide advance notice if it intends to make decisions on matters referred to in § 47. In urgent cases it may still decisions pending consultations.
Consultations shall begin without undue delay, but not later than the deadline conference agreement puts in the absence of such deadline 30 days after the request for consultations is received.
Subsections do not apply insofar as otherwise provided in regulations.
Chap. 7. Disputes. International mediation
I. General rules
§ 49. Scope This Chapter applies to disputes regarding the application or implementation of the law of liner conferences and these regulations and corresponding regulations in another Contracting State and arising from:
conferences, a conference and a line shipping company, or members of a conference, or
a conference or a member of a conference on the one hand and transport users, their organizations or representatives on the other.
§ 50. When international mediation may be requested Disputes that are not resolved amicably, can any of the parties is required under any international mediation so far as it applies:
membership or traffic sharing;
the requirements for the content of the conference agreement;
general fraktforhøyelse, special delivery addition, modification of freight or introduction of currency adjustment factor;
design of exclusive arrangement.
Is dispute arisen between liner shipping lines that belong in the same state, it is treated in this state and in the manner the law which stipulates. Disputes between Norwegian shipping lines may be requested to resolve Line Conference Council.
If the parties by agreement stipulated that the dispute shall be subject to different treatment than prescribed in subsections, each party may request that the dispute be settled as agreed.
§ 51. Linjefart between OECD countries in liner shipping between the OECD states may transport users and shipping lines from these states do not require that disputes between them subjected to international mediation so far as different treatment manner agreed. They should also make full use of the opportunity that § 50 third paragraph to have the dispute resolved in any other way than by international arbitration.
Ministry may decide that subsection shall not apply trade between Norway, Finland, Sweden, Denmark or other EU states and other OECD State if that State does not make similar rules applicable to such trade.
§ 52. Mediation in redistribution issues Whenever required mediation in disputes concerning redistribution in accordance with § 12, the parties shall appoint jointly one or more meglingsmenn. Parties do not reach agreement, each appointed by the parties through an arbitrator, and these select jointly a further arbitrator who shall act as chairman.
If a party does not appoint any arbitrator or the appointed meglingsmenn not agree on who should be chairman, a party may request that the President of the International Chamber of Commerce make the necessary appointment.
Brokerage governors will do their best to solve the dispute amicably. The proceedings determined by mediation men. Their fees are covered by the parties.
II. International mediation
§ 53. Requests for international mediation, international arbitration is initiated at the request of either party. This requirement shall be deemed to be made correctly if it is sent to the counterparty in the recommended letter, telegram or telex or is declared by the expiry of the deadline set out in § 54.
§ 54. Deadlines A claim for international mediation must be submitted
in dispute about membership within 60 days after the notification referred to in § 8 or § 16 subsection is received;
in dispute as ordinary fraktforhøyelse, before expiry of the deadline referred to in § 30;
in dispute about special delivery addition, before the expiry of the deadline of 30 days referred to in § 36, or if advance notice is not given within 15 days from the date of shipping charge was introduced,
in disputes concerning measures due to changes in exchange rates within 20 days after the consultation began.
Deadline mentioned in the first paragraph may be extended by agreement.
If a demand for international mediation has not been submitted within the deadline, the conference's decision will be final and can not later be disputed by requiring international mediation.
This paragraph does not apply to disputes referred to international arbitration under § 58.
§ 55. Rules of procedure, etc. For disputes subject to international arbitration, the provisions of the Convention articles 26-45.
A mediation proposal which is binding decisions, considered foreign public settlement in relation to the rules of Civil Procedure § 168 and Enforcement Act § 3 no. 10.
III. Line Conference Council
§ 56. Line Conference Council Affairs may appoint a Linjekonferanseråd to settle disputes and to otherwise assist in the implementation of the law on line conferences with accompanying regulations, and make rules concerning its activities.
Line Conference Council has three members with personal deputies. Two members nominated by respectively shipping lines and transport users. Chairman and Vice Chairman are appointed by the Ministry. The term of office is five years.
Line Conference Council constitutes a quorum when it meets in full number.
§ 57. Line Conference Council competence Underline Conference Council hears disputes referred to in § 5 of the Act on liner conferences, as well as other disputes according to the regulations will be considered by the council. § 50 third paragraph applies correspondingly.
§ 58. Relationship to international arbitration if the parties brings dispute which may be required under any international mediation in the Access Conference Council, any counterparty require that proceedings be stopped and that the dispute be referred to international arbitration.
Brought dispute before Line Conference Council after the demand for international mediation is made, the proceedings shall be halted. The same applies if the dispute has already been brought before the Line Conference Council at the time of international arbitration is demanded.
Are proceedings been stopped, the required set in motion again when it is clear that the dispute is not resolved on the basis of mediation proposal.
§ 59. Rules of procedure, etc. Disputes must be brought within a reasonable time. § 54, last paragraph apply correspondingly. A conference or transport user organization may be party.
Line Conference Council decision of a dispute is an individual decision by the Public Administration. This decision may be appealed to the Ministry.
Proceedings concerning the lawfulness of a decision must be brought within the deadline laid down in the decision.
Chap. 8. Final provisions
§ 60. Commencement These regulations come into force on 28 December 1985.