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

Meera and Vikram, in conciliation under Part III of the Arbitration and Conciliation Act, 1996, reach a settlement. Vikram's lawyer wishes to circulate the settlement agreement to Vikram's bankers for general information. Under Section 75, what is the position?

Circulation is not permitted. Section 75 makes all conciliation matters confidential and extends this to the settlement agreement, with the sole exception of disclosure necessary for implementation and enforcement, which general circulation to bankers is not.

  1. APermitted, since confidentiality ends once a settlement agreement is signed
  2. BPermitted, since confidentiality covers only statements made during hearings
  3. CNot permitted, since confidentiality extends to the settlement agreement except where disclosure is necessary for implementation and enforcementCorrect
  4. DNot permitted, but only if the conciliator objects in writing

Explanation

Section 75 requires the conciliator and parties to keep all matters relating to the conciliation confidential, and this extends to the settlement agreement. The only exception is disclosure necessary for implementation and enforcement. General circulation to bankers is not such a purpose.

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