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

Rahul Traders and Sundaram Agro are conciliating a dispute with a conciliator appointed by them. Without consulting the conciliator, Sundaram Agro's director sends a written declaration to Rahul Traders and to the conciliator stating that the conciliation proceedings are terminated. What is the legal effect?

The proceedings terminate on the date of Sundaram Agro's declaration. Section 76(d) lets a single party end conciliation by written declaration addressed to the other party and the conciliator, if appointed, without needing the consent of the other party or the conciliator.

  1. AProceedings continue until the conciliator also declares that further efforts are unjustified
  2. BProceedings terminate on the date of that declaration, since a party may terminate by written declaration to the other party and the conciliatorCorrect
  3. CProceedings terminate only if Rahul Traders consents to the declaration in writing
  4. DProceedings are suspended for thirty days and then terminate automatically

Explanation

Section 76(d) allows a party to terminate by a written declaration to the other party and the conciliator, if appointed, and termination is effective on the date of the declaration. No consent of the other party or the conciliator is needed. Option 1 wrongly requires a conciliator declaration.

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