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CS Professional · Arbitration, Mediation and Conciliation · Arbitration: Introduction, Agreements and its Institutions

Rohan Pharma and Medico Supplies are in conciliation under Part III of the Act. The conciliator, after consulting both, concludes that further efforts are no longer justified and gives a written declaration on 10 March. Rohan's director had earlier, on 5 March, only told the conciliator orally that he wished to stop. On which date do the conciliation proceedings terminate?

The proceedings terminate on 10 March. Under Section 76(b), a written declaration by the conciliator, after consulting the parties, that further conciliation efforts are no longer justified terminates the proceedings on the date of that declaration. An earlier oral remark by one party does not terminate them.

  1. A5 March, the date of the oral statement by Rohan's director
  2. B10 March, the date of the conciliator's written declarationCorrect
  3. CThe date on which a court approves the conciliator's view
  4. DThe date on which both parties later sign a settlement agreement

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, on the date of the declaration. An oral statement by one party is not a written declaration under Section 76(d). So the date is 10 March.

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