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

Under the official text of Section 87, which arrangement can change the default rule on the application of the 2015 amendments to arbitral proceedings commenced before 23 October 2015?

Only an agreement between the parties can change the default. Section 87 begins with 'Unless the parties otherwise agree', so the parties may choose a different position on the application of the 2015 amendments. A tribunal direction, conciliator declaration or one party's unilateral notice cannot do this.

  1. AA direction from the arbitral tribunal on its own motion
  2. BAn agreement between the parties, since Section 87 operates unless the parties otherwise agreeCorrect
  3. CA written declaration by a conciliator under Section 76
  4. DA unilateral notice from the party that filed the claim

Explanation

Section 87 opens with the words 'Unless the parties otherwise agree', so the default can be displaced by the parties' agreement. A tribunal's direction, a conciliator's declaration under Section 76 or a unilateral notice does not amount to an agreement between the parties.

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