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CS Executive · Jurisprudence, Interpretation and General Laws · Law relating to Arbitration, Mediation and Conciliation

Section 61(1) of the Arbitration and Conciliation Act, 1996 describes the scope of Part III on conciliation. Which dispute falls within it?

Conciliation under this Part covers disputes arising out of a legal relationship, whether contractual or not, subject to any contrary law or contrary agreement of the parties. It is not confined to written contracts, company disputes or pending court cases.

  1. AOnly disputes arising from a written contract
  2. BDisputes arising out of a legal relationship, whether contractual or not, unless the parties have otherwise agreed or law provides otherwiseCorrect
  3. COnly commercial disputes between companies
  4. DOnly disputes already pending before a court

Explanation

Section 61(1) applies the Part to conciliation of disputes arising out of a legal relationship, whether contractual or not, save as otherwise provided by law and unless parties have otherwise agreed. It is not limited to written contracts, companies or pending suits. Section 61(2) excludes disputes that law bars from conciliation.

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