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CS Professional · Arbitration, Mediation and Conciliation · Conciliation Proceedings and International Perspective of Conciliation

In a later arbitration between Mehta Pharma and Iyer Labs over the same dispute, Mehta Pharma wishes to produce as evidence a written proposal for settlement made by the conciliator during failed conciliation, and also to summon the conciliator as its witness. There is no agreement between the parties on these points. What is the position under the Act?

Both are barred. Section 81(c) prevents parties from relying on the conciliator's proposals as evidence in arbitral or judicial proceedings, and Section 80(b) says the conciliator cannot be presented as a witness unless the parties agree otherwise. Ending the conciliation does not remove these bars.

  1. ABoth are barred: the proposal cannot be relied on as evidence, and the conciliator cannot be presented as a witnessCorrect
  2. BThe proposal is barred but the conciliator may be called as a witness
  3. CBoth are allowed because conciliation has ended
  4. DThe conciliator may be called, but only to prove the proposal

Explanation

Section 81(c) bars parties from relying on proposals made by the conciliator as evidence in arbitral or judicial proceedings. Section 80(b) says, unless otherwise agreed, the conciliator shall not be presented as a witness. Termination of conciliation does not lift either bar.

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