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

Gupta Pharma Ltd and Rao Chemicals Pvt Ltd conciliated unsuccessfully. In later arbitration, Rao Chemicals seeks to introduce an invoice dated before the conciliation, which was merely also shown to the conciliator during the process. Gupta Pharma cites section 81 to object. What is the best view on the text of section 81?

Section 81 does not bar the invoice. It excludes only four categories: settlement views or suggestions, admissions in conciliation, conciliator proposals, and willingness to accept a proposal. A pre-existing invoice fits none of them, so the tribunal decides its admissibility and weight under section 19(4).

  1. ASection 81 lists views, suggestions, admissions, conciliator proposals and willingness to accept; a pre-existing invoice is none of these, so section 81 does not bar itCorrect
  2. BThe invoice is barred because anything shown to the conciliator is inadmissible
  3. CThe invoice is barred because it was a document in conciliation proceedings
  4. DThe invoice is admissible only if Gupta Pharma consents

Explanation

Section 81 bars four specified categories: the other party's settlement views or suggestions, admissions in conciliation, conciliator proposals, and willingness to accept a proposal. A pre-existing commercial invoice falls in none, so section 81 does not exclude it; its admissibility and weight are for the tribunal under section 19(4).

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