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CS Professional · Arbitration, Mediation and Conciliation · Arbitral Proceedings, Pleadings and Evidence

Arbitration between Konark Infra and Deccan Cement is under way. Konark wants to prove delivery delays using a document that was merely shown to the conciliator during an earlier failed conciliation. The document is an ordinary delivery challan created in the course of business, years before conciliation. Deccan objects citing section 81. Which analysis best fits the Act?

Section 81 bars only four listed categories: the other party's settlement views, admissions, conciliator's proposals, and willingness to accept a proposal. An ordinary pre-existing delivery challan falls outside them, so the tribunal decides its admissibility and weight under section 19(4).

  1. ASection 81 bars every document that was ever mentioned in conciliation
  2. BSection 81 bars only the listed items such as the other party's views, admissions, conciliator's proposals and willingness to accept; a pre-existing business challan is not among them, and the tribunal decides admissibility and weight under section 19(4)Correct
  3. CSection 81 bars the challan because the tribunal is not bound by the Evidence Act
  4. DThe challan is admissible only after the Court orders it under section 27

Explanation

Section 81 lists specific categories: views or suggestions, admissions, conciliator's proposals, and willingness to accept a proposal. An independent pre-existing challan is none of these. Its admissibility, relevance, materiality and weight are for the tribunal under section 19(4). Section 27 concerns court assistance in taking evidence and is not a precondition.

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