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

Under the Arbitration and Conciliation Act, 1996, Part III on conciliation applies to disputes arising out of which kind of legal relationship, unless the parties have otherwise agreed or another law applies?

Conciliation under the 1996 Act applies to disputes arising out of a legal relationship, whether contractual or not. The section does not confine it to contracts, commercial dealings or cases with an arbitration agreement, subject to contrary law or party agreement.

  1. AOnly contractual legal relationships
  2. BLegal relationships, whether contractual or notCorrect
  3. COnly commercial relationships between companies
  4. DOnly relationships where an arbitration agreement exists

Explanation

Section 61(1) states that the conciliation Part applies to disputes arising out of legal relationship, whether contractual or not, and to proceedings relating to them. Limiting it to contractual or commercial relationships adds a restriction the section does not contain. A prior arbitration agreement is also not required.

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