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CS Professional · Arbitration, Mediation and Conciliation · Emerging Aspects: Fast Track and Virtual Arbitration

Nisha, a conciliator, is conducting conciliation between Verma Foods Ltd and Iyer Packaging Ltd. The parties have not agreed on where meetings with the conciliator are to be held, and they propose to meet online. Under the Act, how is the place for meetings determined?

The conciliator determines the place after consulting the parties, having regard to the circumstances of the conciliation proceedings. Section 69(2) applies where the parties have not agreed on a place, so neither a court nor the party who initiated conciliation fixes it.

  1. AThe conciliator determines it after consultation with the parties, having regard to the circumstances of the proceedingsCorrect
  2. BThe tribunal of the nearest court fixes it
  3. CThe place is automatically the registered office of the party who invoked conciliation
  4. DEach party decides the place for its own separate meetings, with no role for the conciliator

Explanation

Section 69(2) states that, unless the parties have agreed, the place for meetings with the conciliator is determined by the conciliator after consultation with the parties, having regard to the circumstances. It is not fixed by a court or by the invoking party.

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