Skip to content

CS Executive · Jurisprudence, Interpretation and General Laws · Law relating to Arbitration, Mediation and Conciliation

In a conciliation under Part III of the 1996 Act, the parties sign a settlement agreement. One party later wishes to publicise its terms to rivals. Which statement is correct?

Confidentiality continues after settlement. The conciliator and parties must keep proceedings confidential, and this extends to the settlement agreement, except where disclosure is necessary to implement or enforce it. Publicising terms to rivals falls outside that exception.

  1. AConfidentiality ends once the settlement agreement is signed
  2. BConfidentiality covers the settlement agreement, except where disclosure is necessary for implementation and enforcementCorrect
  3. COnly the conciliator is bound to confidentiality, not the parties
  4. DConfidentiality applies only to oral statements made at meetings

Explanation

Section 75 binds both the conciliator and the parties to keep all matters relating to the proceedings confidential, and extends this to the settlement agreement, except where disclosure is needed for implementation and enforcement. Publicising it to rivals is not such a purpose, so it is barred.

Did you get it right without looking?

One question tells you little. A timed set on Law relating to Arbitration, Mediation and Conciliation shows your real accuracy, how long you take and where you lose marks.

Practise Law relating to Arbitration, Mediation and ConciliationFree diagnostic mock

More Law relating to Arbitration, Mediation and Conciliation questions