INTRODUCTION

Art. 56 is the first of three Articles in the Convention's Chapter V headed “Replacement and Disqualification of Conciliators and Arbitrators”. Art. 56(1) deals with the principle of the unchanged composition or immutability of a commission or tribunal and with the replacement of conciliators or arbitrators should the need arise. Art. 56(2) states that the expiry of membership on the Panel of Conciliators or Arbitrators does not affect membership in a commission or tribunal. Art. 56(3) provides a special procedure for the replacement of conciliators or arbitrators in case of their resignation without the consent of the commission or tribunal. Art. 57 deals with proposals for the disqualification of conciliators or arbitrators. Art. 58 deals with the procedure for decision on such proposals and the consequent replacements.

Art. 56 serves the principle of non-frustration of proceedings by avoiding truncated commissions or tribunals. It seeks to avoid vacancies primarily through a speedy replacement of conciliators or arbitrators who have become unavailable.

The drafts to what eventually became Art. 56 show little change during the work on the Convention (History, Vol. I, pp. 256, 258, 260). There was relatively little discussion and no controversy concerning these provisions (see paras. 6, 11, 16, 31, 36 infra).