Art. 33 is substantively identical to Art. 44, its counterpart in the Chapter on Arbitration. The only difference is the substitution of “conciliation” and “Conciliation Rules” for “arbitration” and “Arbitration Rules” and “Commission” for “Tribunal”.

The early drafts to the Convention sought to give some influence to conciliation commissions on the choice of procedural rules. A plan to subject an agreement of the parties on the adoption of conciliation rules to the commission's approval was dropped (History, Vol. I, pp. 158, 160; Vol. II, pp. 264, 327/8, 414, 479, 510). Starting with the First Draft, the drafts to what became Arts. 33 and 44 were substantively identical and the two provisions were mostly discussed together (at pp. 791, 946–947) (see Art. 44, paras. 2, 11, 32, 43, 44, 53).

In view of the near identity of Arts. 33 and 44, the provisions of Art. 33 should be read in the light of the applicable parts of this Commentary on Art. 44.

The Conciliation Rules are adopted by the Centre's Administrative Council in accordance with Art. 6(1)(c). The Conciliation Rules were adopted on 25 September 1967 with effect from 1 January 1968. On 26 September 1984, the Administrative Council adopted revisions to the Rules which took effect immediately. The 1968 version of the Conciliation Rules continues to apply to consents given before 26 September 1984.