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CS Professional · Arbitration, Mediation and Conciliation · Conciliation Proceedings and International Perspective of Conciliation

After failed conciliation between Shree Infra Ltd and Tandon Builders over a contract payment, Shree Infra sues in court. It wants to summon the conciliator, Ms. Iyer, as a witness to describe what Tandon said during conciliation. The parties had not agreed on anything about this. What is the legal position?

Ms. Iyer cannot be presented as a witness. Section 80(b) states that unless the parties agree otherwise, the conciliator shall not be presented by the parties as a witness in any arbitral or judicial proceedings, so the parties cannot call her to prove what was said.

  1. AMs. Iyer may be presented as a witness if she consents
  2. BMs. Iyer may be presented as a witness only in judicial, not arbitral, proceedings
  3. CMs. Iyer may be presented as a witness if the court finds the dispute is important
  4. DMs. Iyer cannot be presented by the parties as a witness in such proceedingsCorrect

Explanation

Section 80(b) provides that, unless the parties agree otherwise, the conciliator shall not be presented by the parties as a witness in any arbitral or judicial proceedings. The bar covers both arbitral and judicial proceedings, and her personal consent is not the test.

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