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CS Professional · Arbitration, Mediation and Conciliation · Introduction to Conciliation and its Importance for MSMEs

During conciliation of a supply dispute between Kapoor Steels and Rao Forgings, the conciliator asks each party for a brief written statement describing the general nature of the dispute and the points at issue. What must each party do with its statement under the Arbitration and Conciliation Act, 1996?

Each party must send its brief written statement to the conciliator and also send a copy to the other party. The Act requires the copy to the other side as part of the statement process, so the statement is not confined to the conciliator alone.

  1. ASend it only to the conciliator, who keeps it confidential from the other party
  2. BSend it to the conciliator and also send a copy to the other partyCorrect
  3. CFile it with the Court before the conciliator may see it
  4. DSend a copy to the other party only if the conciliator later directs

Explanation

Section 65(1) lets the conciliator request a brief written statement from each party on the general nature of the dispute and points at issue. Each party shall send a copy of its statement to the other party. Option A is wrong because the copy to the other side is mandatory.

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