Skip to content

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

Ms. Rao conciliated a supply dispute between Gupta Steels and Nair Forgings. Conciliation ended without settlement, and Gupta Steels began arbitration on the same dispute. The parties made no special agreement on the matter. Which statement is correct under the Act?

Unless the parties agree otherwise, a conciliator cannot act as arbitrator or as representative or counsel of any party in arbitral or judicial proceedings on the dispute that was conciliated. Both roles are barred under Section 80(a), so Ms. Rao cannot take either.

  1. AMs. Rao may act as arbitrator if she is the only person acceptable to Gupta Steels
  2. BMs. Rao may act as counsel for Gupta Steels in that arbitration
  3. CMs. Rao cannot act as arbitrator or as representative or counsel of a party in that arbitrationCorrect
  4. DMs. Rao is barred only from acting as arbitrator, not from acting as counsel

Explanation

Section 80(a) says that, unless the parties agree otherwise, the conciliator shall not act as an arbitrator or as a representative or counsel of a party in any arbitral or judicial proceeding on the dispute subject to conciliation. Both roles are barred, so the option allowing counsel is wrong. Acceptability to one party is not the same as agreement by the parties.

Did you get it right without looking?

One question tells you little. A timed set on Conciliation Proceedings and International Perspective of Conciliation shows your real accuracy, how long you take and where you lose marks.

Practise Conciliation Proceedings and International Perspective of ConciliationFree diagnostic mock

More Conciliation Proceedings and International Perspective of Conciliation questions