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

Conciliation between Kaveri Foods and Delta Packers fails. In later arbitration on the same dispute, Kaveri wants to produce Delta's admission made during conciliation. What is the position?

It is not permitted. Parties may not rely on or introduce as evidence in arbitral or judicial proceedings admissions made by the other party during conciliation, whether or not those proceedings concern the same dispute.

  1. APermitted, since the admission came from the opposing party
  2. BPermitted only if the conciliator consents
  3. CNot permitted; parties shall not rely on or introduce as evidence admissions made by the other party in the course of the conciliation proceedingsCorrect
  4. DPermitted only in judicial proceedings, not arbitration

Explanation

Section 81(b) bars reliance on admissions made by the other party in conciliation, in arbitral or judicial proceedings, whether or not they relate to the same dispute. Option D is wrong as the bar covers both arbitral and judicial proceedings.

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