Sect. 94. Should disputes arise during the conclusion, amendment or annexation of a collective agreement, they shall be resolved as designated in the collective agreement.

In cases of disputes related to the application of collective agreements, special arbitration committees shall resolve the questions at issue.

Collective agreements define the structure, the application and legal impact of decisions of the arbitration committee.

[Macedonia, Labour Relations Act, 1993 (amended by The Labour Relations Act (No. 1020), 1997)]

Sect. 45. Unresolved disputes

(1) If a dispute is unresolved and concerns -

(a) The interpretation or application of any statutory provision or any provision of a collective agreement or contract of employment; or

(b) An essential service,

(c) either party to such dispute, or the Principal Secretary responsible for labour in the case of paragraph (b), may apply to the Industrial Relations Court for determination of the dispute [i.e. for adjudication in the first case and arbitration in the second]

(2) If a dispute is unresolved and concerns matters other than those referred to in subsection (1) -

(a) where the parties to the dispute agree, the dispute shall be referred to the Industrial Relations Court for determination [i.e. for arbitration];

(b) either or both parties may give notice in accordance with section 48(3) that they intend to strike or lock out.

(3) If there is a question as to whether an unresolved dispute is covered under sub section (1) or (2), either party or the Principal Secretary for labour may apply to the Industrial Relations Court for a determination.

(4) In an application under subsection (3), the Industrial Relations Court shall determine the question in a summary manner, whether or not by way of hearing witnesses.

(5) Subject to section 65(2) [concerning the right to appeal a decision of the Industrial Relations Court to the High Court on a question of law or jurisdiction within 30 days of its decision], the decision of the Industrial Relations Court shall be final.

[Malawi, Labour Relations Act, 1996]

Sect. 58. Arbitration procedure. 

(1) The parties to a labour dispute may agree to refer the dispute to arbitration at any time.

(2) An agreement to refer a dispute to arbitration shall be in writing.

(3) The dispute may be referred by the parties to the Tribunal of an arbitrator of their choice.

(4) Where a dispute is referred to the Tribunal for arbitration -

(a) the Tribunal shall have the authority to investigate the dispute as it deems necessary;

(b) the Tribunal shall issue its award determining the issues in dispute within a period of 60 days from the referral of the dispute, or such later period as the parties have agreed;

(5) The Tribunal's award shall -

(a) be in writing;

(b) state the reasons for the decision;

(c) specify the date on which it is to become effective;

(d) specify the date on which it is to expire or that it is to be of indefinite duration;

(e) be final and binding upon the parties in the same manner as a collective agreement, unless the parties have otherwise agreed in their statement of reference.

(6) Where a dispute is referred by the parties to an arbitrator of their choice, they shall stipulate in the written statement of reference the period in which he or she shall issue his or her award and whether the award shall be in writing, include a statement of reasons and be binding upon them.

(7) Copies of an arbitration award shall be sent to each of the parties to the dispute and to the Commission,

(8) Where the parties to a dispute have referred it directly to non-binding arbitration without having referred it previously to conciliation and where they fail to agree to accept the award within 14 days of having received it, a party shall refer the dispute to the Commission for conciliation before exercising the rights set out in section xx [concerning the right to strike or lock-out].

[ILO drafted provisions for a Member country]

Sect. 31. Arbitration.   (1) If the conciliation fails, the Conciliator shall try to persuade the parties to agree to refer the dispute to an arbitrator. In case the parties agree, they shall make a joint request in writing for reference of the dispute to an arbitrator agreed upon by them.

...

(5) The award of the arbitrator shall be final and no appeal shall lie against it.  It shall be valid for a period not exceeding two years or as may be fixed by the arbitrator.

[Pakistan, Industrial Relations Ordinance, 1969, as amended to 1997 (amended by Industrial Relations Ordinance, 2002)]

Sect. 260. Grievance machinery and voluntary arbitration.   The parties to a Collective Bargaining Agreement shall include therein provisions that will ensure the mutual observance of its terms and conditions.  They shall establish a machinery for the adjustment and resolution of grievances arising from the interpretation or implementation of their Collective Bargaining Agreement and those arising from the interpretation or enforcement of company personnel policies.  All grievances submitted to the grievance machinery which are not settled within seven (7) calendar days from the date of its submission shall automatically be referred to voluntary arbitration prescribed in the Collective Bargaining Agreement.  For this purpose, parties to a Collective Bargaining Agreement shall name and designate in advance a Voluntary Arbitrator or panel of Voluntary Arbitrators, or include in the agreement a procedure for the selection of such Voluntary Arbitrator or panel of Voluntary Arbitrators, preferably from the listing of qualified Voluntary Arbitrators duly accredited by the Board. In case the parties fail to select a Voluntary Arbitrator or panel of Voluntary Arbitrators, the Board shall designate the Voluntary Arbitrator or panel of Voluntary Arbitrators, as may be necessary, pursuant to the selection procedure agreed upon in the Collective Bargaining Agreement, which shall act with the same force and effect as if the Arbitrator or panel of Arbitrators has been selected by the parties as described above.

Sect.  261. Jurisdiction of Voluntary Arbitrators or panel of Voluntary Arbitrators.   The Voluntary Arbitrator or panel of Voluntary Arbitrators shall have original and exclusive jurisdiction to hear and decide all unresolved grievances arising from the interpretation or implementation of the Collective Bargaining Agreement and those arising from the interpretation or enforcement of company personnel policies referred to in the immediately preceding article.  Accordingly, violations of a Collective Bargaining Agreement, except those which are gross in character, shall no longer be treated as unfair labor practice and shall be resolved as grievances under the Collective Bargaining Agreement.  For purposes of this article, gross violations of Collective Bargaining Agreement shall mean flagrant and/or malicious refusal to comply with the economic provisions of such agreement.  The Commission, its Regional Offices and the Regional Directors of the Department of Labor and Employment shall not entertain disputes, grievances or matters under the exclusive and original jurisdiction of the Voluntary Arbitrator or panel of Voluntary Arbitrators and shall immediately dispose and refer the same to the Grievance Machinery or Voluntary Arbitration provided in the Collective Bargaining Agreement.

[Philippines, Labour Code, 1974]

Sect. 133. Resolution of disputes under the auspices of the Commission.

(1) ...

(2) If a dispute remains unresolved after conciliation, the Commission must arbitrate the dispute if -

(a) This Act requires that dispute to be arbitrated and any party to the dispute has requested that the dispute be resolved through arbitration; or

(b) All parties to the dispute in respect of which the Labour Court has jurisdiction consent to arbitration under the auspices of the Commission.

Sect. 138.  General provisions for arbitration proceedings.

(1) The commissioner may conduct the arbitration in a manner that the commissioner considers appropriate in order to determine the dispute fairly and quickly, but must deal with the substantial merits of the dispute with the minimum of legal formalities.

(2) Subject to the discretion of the commissioner as to the appropriate form of the proceedings, a party to the dispute may give evidence, call witnesses, question the witnesses of any other party, and address concluding arguments to the commissioner.

(3) If all the parties consent, the commissioner may suspend the arbitration proceedings and attempt to resolve the dispute through conciliation.

(4) In any arbitration proceedings, a party to the dispute may appear in person or be represented only by a legal practitioner, a co-employee or by a member, office-bearer or official of that party's trade union or employers' organization and, if the party is a person, by a director or an employee.

(5) If a party to the dispute fails to appear in person or to be represented at the arbitration proceedings, and that party-

(a) had referred the dispute to the Commission, the commissioner may dismiss the matter; or

(b) had not referred the dispute to the Commission, the commissioner may-

(i)   continue with the arbitration proceedings in the absence of that party; or

(ii) adjourn the arbitration proceedings to a later date.

(6) The commissioner must take into account any code of good practice that has been issued by NEDLAC or guidelines published by the Commission in accordance with the provisions of this Act that is relevant to a matter being considered in the arbitration proceedings.

(7) Within 14 days of the conclusion of the arbitration proceedings-

(a) the commissioner must issue an arbitration award with brief reasons, signed by that commissioner;

(b) the Commission must serve a copy of that award on each party to the dispute or the person who represented a party in the arbitration proceedings; and

(c) the Commission must file the original of that award with the registrar of the Labour Court.

(8) On good cause shown, the director may extend the period within which the arbitration award and the reasons are to be served and filed.

(9) The commissioner may make any appropriate arbitration award in terms of this Act, including, but not limited to, an award -

(a) that gives effect to any collective agreement;

(b) that gives effect to the provisions and primary objects of this Act;

(c) that includes, or is in the form of, a declaratory order.

(10) The commissioner may not include an order for costs in the arbitration award unless a party, or the person who represented that party in the arbitration proceedings, acted in a frivolous or vexatious manner -

(a)  by proceeding with or defending the dispute in the arbitration proceedings;

(b)  in its conduct during the arbitration proceedings.

[South Africa, Labour Relations Act, 1995 (amended by the Labour Relations Amendment Act, 2002)]

Sect. 256. In the event of the failure of conciliation, the [collective] dispute shall necessarily be referred within eight full days by the labour inspector or director to the arbitration council envisaged in the present Code.

Sect. 257. Arbitration of collective labour disputes not settled by conciliation shall be undertaken by an arbitration council established in the area covered by each court of appeal.

The arbitration council shall be presided over by the president of the court of appeal or her or his delegate and shall include:

- a magistrate of the court of appeal designated by the president;
- the president of the competent labour tribunal;
- a secretary selected from among the clerks of the court of appeal;
- two employer and two worker advisors appointed by the Minister responsible for labour.

Persons who have participated in the conciliation or who have intervened at any level whatsoever in the settlement may not be appointed advisors.

Sect. 258. The arbitration council may not determine issues other than those indicated in the non-conciliation report or those which, arising out of events subsequent to the report, are the direct consequence of the current dispute.

It shall determine the situation in law in disputes relating to the interpretation and implementation of laws, regulations or collective or workplace agreements that are in force.

It shall determine equitably other matters at issue, particularly where they relate to wages or conditions of work, when these are not determined by the provisions of laws, regulations or collective or workplace agreements that are in force, and disputes relating to the negotiation and revision of the clauses of collective agreements.

Sect. 259. The arbitration council shall have the broadest powers to obtain information on the economic situation of enterprises and the situation of the workers concerned by the dispute. It may undertake any investigations of enterprises and trade unions and require the parties to produce any document or information of an economic, accounting or administrative nature which may be useful in the discharge of its mission. It may have recourse to the services of qualified accountants and, in general, any qualified person capable of shedding light on the matter.

The arbitration council shall base its judgement on the written evidence, but it may hear the parties if the latter so request.

Sect. 260. The arbitration award shall be notified immediately to the parties by the president of the arbitration council.

If, after the expiry of a period of four days following such notification, none of the parties has indicated opposition, the award shall acquire executory force under the conditions set out in section 261 of the present Code.

To be valid, opposition shall be indicated by registered letter with acknowledgement of receipt addressed to the president of the arbitration council.

Sect. 261. The execution of an arbitration award which has not been opposed shall be binding.

It shall become effective, unless otherwise stipulated, from the day of notification of the dispute to the competent labour service.

The report of the arbitration award shall be filed with the registrar of the court of appeal.

Sect. 262. Where a conciliation agreement or an award of the arbitration council, which has become executory, relates to the interpretation of clauses of a collective agreement relating to wages or conditions of work, such agreement or award shall have the force of a collective labour agreement.

Where the agreement or award is intended to settle a dispute which has arisen in one of the branches of activity to which a collective agreement has been extended, such an agreement or award shall, at the request of the trade union organizations which are signatories to the extended collective agreement, be covered by an extension order.

Conciliation agreements and awards of the arbitration council shall immediately be inserted into the Official Journal and posted in the offices of the competent labour inspectorate and the labour directorate.

Sect. 263. Arbitration awards which have acquired executory force may be appealed on the grounds of abuse of power or violations of the law. Such appeals shall be lodged with the Supreme Court and judged in accordance with the time-limits, forms and conditions respecting cassation in civil matters.

Conciliation and arbitration procedures shall be free of charge.

[Benin, Labour Code, 1998]

Sect. 161 : (1) The arbitration of any collective labour dispute which has not been settled by conciliation shall be undertaken by an arbitration board established in the area of each appeal court and composed as follows :

(a) Chairman : A judicial officer of the competent court of appeal

(b) Members :

(i) An employer assessor;

(ii) A worker assessor.

(2) The two assessors shall be designated by the chairman of the arbitration board from among assessors appointed to the high court of the area.

(3) A registrar of the court of appeal shall act are secretary.

Sect. 162 : (1) The arbitration board shall not make and award on any matter except those set down in the statement of non-conciliation and those which have arisen out of events subsequent to the making of the said statement and are a direct consequence of the dispute.

(2) The board shall give its award in law in disputes regarding the interpretation and application of laws, regulations, collective agreements and company agreements currently in force.

(3) It shall give its award in equity in other disputes, particularly those relating to wages or to conditions of employment if the latter are not determined by legislative provisions, regulations, collective agreements or company agreements currently in force, and in disputes relating to the negotiations or revision of clauses or collective agreements.

(4) The arbitration board shall have the wide powers to obtain information on the economic situation of the undertakings and on the situation of the workers concerned in the dispute.

(5) It may make any necessary investigations of undertakings and trade unions and employers' associations and it may require the parties to produce any document or to provide any information, whether economic, accounting, financial, statistical or administrative, which may be useful to it in the performance of its duties.

(6) It may have recourse to experts and, in general, to any person duly qualified and likely to be able to inform it.

Sect. 163 : (1) An arbitration award shall be notified to the parties without delay by the competent inspector of labour and social insurance.

(2) If, at the expiration of a period of eight clear days after notification, neither party has applied for a stay of execution, the award become effective in accordance with the provisions of Section 164 hereunder. The same shall apply if an application for stay, having been made, is withdrawn before the expiration of the said period.

(3) An application for stay of execution shall be valid only if it is made by registered letter, with acknowledgement of receipt, sent to the Inspector of Labour and Social Insurance of the area.

Sect. 164 : (1) The putting in to effect of a conciliation agreement or of an award in respect of which no stay of execution has been allowed shall be mandatory. If such agreement or award does not specify a date in this regard, it shall have effect as from the date of the attempt at conciliation.

(2) A trade union or employer's association duly established in conformity with this law may institute any proceeding arising out of a conciliation agreement or arbitration award in respect of which no application has been made for a stay of execution.

(3) Conciliation agreements and arbitration awards shall be immediately posted up in the offices of the inspectorate of labour and social insurance and published in the Official Gazette.

(4) The minutes of agreements and of awards shall be deposited at the registry of the high court of the place of the dispute.

(5) The conciliation and arbitration procedures shall be free of charge.

[Cameroon, Labour Code, 1992]

Sect. 82. 8. Where the parties agree to refer the dispute to the arbitration procedure, they undertake to implement the award and to refrain from any lock-out or strike action during the course of the procedure.

They shall indicate whether they intend to designate a single arbitrator or an arbitration board composed of a magistrate and two arbitrators.

The single arbitrator or the members of the arbitration board shall be appointed by the parties or, in the absence of agreement between them, within five working days of the submission of the dispute to the arbitration procedure, in accordance with the conditions determined by decree. They shall be selected from among persons with the capacity to discharge the functions of arbitration, the list of which shall be established each year by order of the Minister of Labour upon the proposal of the occupational organizations of employers and workers. This list shall include eminent persons selected on the basis of their moral authority and competence in economic and social matters.

Sect. 82. 9. Within twelve days of the receipt of the file on the case, the arbitration body shall issue the arbitration award, for which reasons must be indicated. This period may be extended by the same period again with the agreement of the parties.

The arbitration body may not determine issues other than those noted by the non-conciliation report or those which, resulting from events subsequent to the report, are the direct consequence of the current dispute.

It shall determine the legal situation with regard to matters at issue relating to the interpretation of laws, regulations and collective agreements that are in force.

It shall determine equitably other matters at issue, particularly where they relate to wages or conditions of work when these are not determined by the provisions of laws, regulations or collective agreements that are in force, as well disputes relating to the negotiation and revision of the clauses of collective agreements.

It shall have the broadest power to obtain information on the economic situation of enterprises and the situation of workers concerned by the dispute. It may undertake any investigation of enterprises and trade unions and require the parties to produce any document or information of an economic, accounting, financial, statistical or administrative nature liable to be useful to it in the discharge of its mission.

It may have recourse to the assistance of approved accountants and, in general, of any qualified person capable of shedding light on the matter.

The arbitration award shall be notified to the parties by registered letter with acknowledgement of receipt within 48 hours of its date through the intermediary of the inspector of labour and labour legislation.

The arbitration award may only appealed for abuse of power or violations of the law, which shall be referred to the Supreme Court.

[Côte d'Ivoire,  Labour Code, 1995]

Sect. L525.1. Any collective labour agreement may provide for an agreed arbitration procedure and the establishment of a list of arbitrators drawn up by common agreement between the parties.

[France, Labour Code]

Sect. 151. Decisions.

(1) The Board shall give decision within 30 days from the date on which the claim is lodged.

(2) Decisions of the Board shall be made in writing and signed by the Board members who concur therein. Dissenting opinions shall also be made in writing and signed by the member in dissent.

(3) In every decision of the Board the judgement shall contain the following:

(a)  the issue or controversy submitted for decision;

(b) the substance and source of relevant testimony and evidence received in the course of the proceedings;

(c)  the findings of the fact made and the evaluation of the evidence which leads the Board to make such findings;

(d)  the determination of each issue or controversy; 

(e)  the action to be taken on the basis of such determination.

(4) A copy of the decision of the Board shall be served upon the parties involved within five days from the date of decision.

[Ethiopia, Labour Proclamation No. 42/1993]

Section 500. Once the conciliation stage has been completed, the arbitration will continue in the following cases:

(1) When the parties voluntarily agree to submit to arbitration as a way of solving the conflict.
(2) When arbitration has been specified as the way to solve differences in the work contract or the collective settlement;
(3) Whenever a service essential to the community is involved.
The conflict will be considered under arbitration and it will not be necessary to record the fact in writing, as soon as the parties agree upon this course.

Section 501. Within the subsequent twenty-four hours after the conflict has come under arbitration, each of the parties will name a mediator and this will be conveyed to the General Director of Labor. If the parts, or one of the parts fails to make this designation during this period, the General Director will do it for the infringing party or parties. Once these mediators have been named, they will be convened by the General Director to appear before him within the subsequent twenty four hours, in order to take an oath before him and to elect a third mediator who will be acting as president of the tribunal. If they were to be unable to agree upon this name, the Director, within the subsequent twenty-four hours, will name the mediator, take his oath and install all members of the tribunal.

Section 502. The mediators must be Salvadorian citizens, at least twenty five years old, who read and write, are in full possession of their civil and political rights and who have not been found guilty of a transgression of the law.

Section 503. the following may not be members of a and Arbitration Tribunal:
(a) Persons who have been directly or indirectly involved in the representation of the parties during the direct settlement or conciliation stages, and
(b) Any person with a relationship to the parties, such as its directors, employees, representatives, partners, affiliates, advisers, attorneys or permanent lawyers.

Section 515. Any collective conflict of an economic nature affecting essential services will be submitted to mandatory arbitration.
To this effect, essential services are all those whose interruption endangers or threatens to endanger the life, security, of normal existing conditions of all or part of the population.
In order to qualify a service as essential, the circumstances of each case must be taken into consideration.

[El Salvador, Labour Code, 1972 (Amended by Decree 859 (1994))]