Section 35: Final determination passed by the Commission

(1) The Commission shall reach a final determination in relation to any trade dispute within the scope of application of this Act as set out in section 3, where parties have opted for settlement of the trade dispute through a final determination by the Commission or the Commission has assumed allocation thereof. 2. The final determination shall be made after the Commission has— (a) provided ample opportunities to the parties to present their case through— (i) hearings, which may be conducted via video-conferencing or other audio-visual means, as may be determined by the Commission; (ii) written submissions; and (iii) filing of any other document that the parties may feel relevant; (b) reviewed all relevant documents forming part of the documents submitted by the parties, and (c) reviewed any other document that the Commission may prepare during the proceedings. (3) Upon initiation of proceedings for final determination, the Commission shall immediately inform parties and their respective governments of the initiation of proceedings and invite them to participate and defend their interests. (4) The Commission shall, except in special circumstances, reach its final determination within a period of four months and in no case more than six months after initiation of Proceedings. (5) The Commission shall, while making a final determination, provide a time period to the parties to comply with the findings made in the final determination, failing which the Commission may include the name of the defaulting party in the list of black-listed parties as provided for in section 53 or take any other measure or action as deemed appropriate by the Commission, within the ambit of this Act.

Effective date: 2023-08-11

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