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

Lotus Infra Ltd's conciliation with Zenith Cement Ltd ended by the conciliator's written declaration. In later arbitration, Lotus produces the original contract, delivery challans and its own pre-conciliation emails, all of which were also shown to the conciliator. Zenith objects, saying everything shown in conciliation is inadmissible. What is the correct view?

The documents are not barred by Section 81. That section covers only four categories: the other party's settlement views or suggestions, its admissions during conciliation, the conciliator's proposals, and willingness to accept a proposal. Pre-existing contract papers and emails fall outside, so the tribunal decides admissibility and weight.

1. AAll are inadmissible, because documents shown to the conciliator become privileged
2. BAll are inadmissible, because conciliation has terminated under Section 76
3. CAdmissible only with Zenith's consent
4. DSection 81 bars only the listed items such as the other party's settlement views, admissions, conciliator's proposals and willingness to accept; independent documents are not coveredCorrect