CS Professional · Arbitration, Mediation and Conciliation · Introduction to Conciliation and its Importance for MSMEs
Sharma Textiles (an MSME) and Delta Dyes are in conciliation. After two sittings the conciliator, having consulted both parties, concludes that further efforts are no longer justified and issues a written declaration to that effect on 10 March. On which date do the conciliation proceedings terminate?
The proceedings terminate on 10 March, the date of the conciliator's written declaration. Under section 76(b), such a declaration made after consulting the parties ends the conciliation on that date, without any need for court confirmation or for costs to be fixed first.
- AOn the date of the declaration, 10 MarchCorrect
- BOn the date the parties receive the conciliator's fee note
- COn the date the conciliator fixes the costs
- DOn the date the Tribunal confirms the declaration
Explanation
Under section 76(b), a written declaration of the conciliator, after consultation with the parties, that further efforts are no longer justified terminates the proceedings on the date of the declaration. No confirmation by any court or fixing of costs is required. Costs are fixed only after termination.
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