This Regulation shall be applicable in all cases, including those where, in accordance with Article 11 (1), the dispute is submitted to a sole arbitrator or to a board of arbitrators of five members.

Notwithstanding their duty to act in place of the Chairman of the Committee in the event of his absence or his inability to attend, the Vice-Chairmen shall preside over the arbitration boards as appointed by the Chairman of the Committee.

The special agreement on arbitration shall specify the subjects in dispute, list the questions on which the arbitrators will have to adjudicate, and state the basis used by the parties in deciding the composition of the arbitration board.

Another supporter of the institution of the media ombudsman is the former president of the ethics commission Zoran Medved, who holds that the situation in Slovenia is not yet ripe for a press council.

That is actually our main point: the task of the self-regulatory bodies (including the ethics commission) is to safeguard professional standards and not to shut their eyes to violations for reasons of solidarity or for the protection of individual journalists.

The codes of public (or national) radio and television companies are considerably more extensive and worked out in greater detail than those of private companies or those applied to the print media and stipulated by national selfregulating bodies - ethics commissions or councils.

The understanding that the ethics commission is a trade union body intended to defend individual journalists rather than the professional code of ethics (Vili Einspiler says: 'In fact, internal solidarity could cause harm to journalism in general.

The subsequent presidents of the commission, Mojca Drčar Murko and Slava Partljič, further reinforced the autonomy of this body by strictly adhering to professional standards as the only criterion observed in controversial cases.

Publishers feel increasingly less obliged to publish adjudications of the ethics commission because no force or agreement compels them to do that; a binding agreement could be, for example, one signed by the founders of the press councils.

'Three journalists who were invited to the session of the ethics commission refused to cooperate, with one of them saying that he 'simply forbids some ethics commission to discuss him'. (Bašić-Hrvatin, 1999).

An example of a unilateral solution is the Italian 'Order of Journalists', except that its decisions, as already pointed out, are much more decisive for the future career of journalists than, say, the adjudications of the Slovenian commission.

first yes, then no When the team of people, including myself, set down to realize the idea of establishing a press or media council, the circumstances seemed to be favorable.

The media turned the situation to their advantage and shook off certain restraints, among them those in place in democratic environments elsewhere. For example, they discontinued the practice of publishing the decisions of the Ethics Commission, which at least at the end of the 1980s reflected ethical concern, rather than political influence.

In Slovenia, the code of ethics was adopted by the general assembly of the Association of Journalists in 1991 and later confirmed by journalists' trade union as their own professional code, through which they also acknowledged the authority of the common ethics commission.

A press or media council, in contrast to the ethics commission, exacts from the publishers their commitment (initially a voluntary consent, but once obtained the commitment is firm) that they will respect the common rules of the profession and its ethics, and these rules cannot be laid down without the participation of journalists.

In principle, self-regulation is already in place - through the code of ethics and the Ethics Commission of the Association of Journalists - but adjudications and warnings issued by this body increasingly fail to elicit response. Or, the publishers' response is languid, while journalists feel offended, a situation which often leads to the affected party's withdrawal from the association or the trade union.

But he forgets that the influence of the ethics commission is a far cry from what it was during its heyday and that its arguments are utilized only when found convenient by those whom he most opposes, while otherwise they readily ignore them. After all, they are not obliged to act on the ethics commission's opinions.

By way of derogation from Article 10, the parties may specify by special agreement that their dispute shall be submitted for decision either to one sole arbitrator chosen ad personam (the Chairman of the Committee, a Vice-Chairman or another member) or to an arbitration board consisting, in addition to its Chairman, of four members, each of the parties nominating two members.

The study therefore does not argue that existing ethics commission is needless, but rather points to the ideas about co-regulation that have recently emerged in the eu. They could lead to the shifting of the center, meaning that voluntary self-regulation, which advances media accountability and through it also professional conduct, could be taken away from the media and placed in the hands of users. The protection of professional standards would thus be transformed into the protection of consumer rights.

The purpose of the transfer of some functions of the ethics commission to the press council is precisely to achieve a position where the code of the association acquires wider social significance and through it - and of course with the consent of the founders of the press council - becomes the basis of the professional ethics that would be binding for all participants, regardless of how many new journalists. associations happen to emerge in Slovenia.

the travel and other expenses of witnesses to the extent such expenses are approved by the tribunal;

If the parties agree, the tribunal shall be constituted by one arbitrator only.

the costs of expert advice and of other assistance required by the tribunal;

It may be conducted in public only if so decided by the arbitration board with the consent of the parties.

However, the tribunal may extend the time limits if it concludes that an extension is justified.

In general, the tribunal should rule on a plea concerning its jurisdiction as a preliminary question.

A copy of the expert's terms of reference, established by the tribunal, shall be communicated to the parties.

In the case of questions of procedure, when there is no majority or when the tribunal so authorizes, the presiding arbitrator may decide on his own, subject to review, if any, by the tribunal.

Notwithstanding the provisions of Articles 5.1 and 14.1, if the parties expressly so authorize the tribunal in the course of the arbitration proceedings, it shall decide as amicable compositor or ex aequo et bono.

However, the tribunal may proceed with the arbitration and then rule on such a plea in its final award.

(ii) a request has been made to a Contracting Party concerned to initiate a determination by the Tribunal of the competent court pursuant to Article 13(f)(ii) and an action is brought subsequent to such determination within such time as may be fixed by the Tribunal.

In addition to making a final award, the tribunal shall be entitled to make interim, interlocutory, or partial awards.

Pleas to the jurisdiction of the tribunal

The "Committee shall sit in the form of arbitration boards consisting of three arbitrators, namely the Chairman or one of the Vice-Chairmen and two members of this Committee.

When there are three arbitrators, an award or other decision of the tribunal shall be made by a majority of the arbitrators.

However, the tribunal may, with the agreement of the parties and for good cause, decide to conduct the arbitration in some other place.

In the event of an oral hearing, the tribunal shall give the parties adequate advance notice of the date, time and place thereof.

(i) prior to the determination by the Tribunal referred to in Article 17, an action has been brought before any of the courts from which the Tribunal can choose;

In the event of failure to do so, the tribunal shall be entitled to draw such conclusions as may logically be imputed to such failure.

After the award has been made, the tribunal shall render an account to the parties of the deposits received and return any unexpended balance to the parties.

the fees of the tribunal to be stated separately as to each arbitrator and to be fixed by the tribunal itself in accordance with Article 39;

The hearing shall be conducted by the Chairman of the arbitration board.

If the parties have not agreed on expenses in

If, before the award is made, the parties agree on a settlement of the dispute by other means, the tribunal shall either issue an order for the termination of the proceedings or, if requested by both parties and accepted by the tribunal, record the settlement in the form of an award on the agreed terms.

Within a time limit to be determined by the tribunal, the respondent shall communicate his statement of defence in writing to the claimant and to each of the arbitrators.

If such payment is not made, the tribunal may nevertheless decide to continue with, or order the suspension or termination of, the proceedings.

There shall be as many arbitration boards as there are disputes.

In all cases, the tribunal shall decide in accordance with the terms of the contract, and may take into account the usages of the trade applicable to the transaction.

The arbitration tribunal shall reach its decisions by majority vote, basing them on the Agreement and on the other rules of international law.

In the absence of such a request, the tribunal shall decide whether to hold such hearings or whether the proceedings shall be conducted on the basis of documents and other materials.