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

Meera Textiles Ltd and Kaveri Dyes Pvt Ltd are in conciliation over a supply dispute. After three meetings, the conciliator, having consulted both parties, concludes that further efforts are no longer justified and signs a written declaration to that effect on 12 March. On what date do the conciliation proceedings terminate?

The proceedings terminate on 12 March. Under Section 76(b), a conciliator's written declaration, made after consulting the parties, that further efforts are unjustified ends the proceedings on the date of that declaration, not on receipt, on a later costs notice or after any waiting period.

  1. AOn 12 March, the date of the conciliator's written declarationCorrect
  2. BOn the date the conciliator fixes the costs and gives notice of them
  3. COn the date both parties acknowledge receipt of the declaration
  4. DOn the thirtieth day after the declaration is made

Explanation

Under Section 76(b), proceedings terminate by a written declaration of the conciliator, after consultation with the parties, that further efforts are no longer justified, and termination takes effect on the date of the declaration. Costs are fixed only after termination, so the costs date (option 2) is wrong.

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