What is the procedure for the commencement of conciliation proceedings under the Arbitration and Conciliation Act, 1996? How many conciliators can be there in these proceedings ?
CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2023
What is the procedure for the commencement of conciliation proceedings under the Arbitration and Conciliation Act, 1996? How many conciliators can be there in these proceedings ?
Answer & Explanation:
Procedure for commencement of Conciliation Proceedings According to Section 62(1) of Arbitration and Conciliation Act, 1996, the party initiating conciliation shall send to the other party a written invitation to conciliate, briefly identifying the subject of the dispute. Section 62(2) states that Conciliation proceedings shall commence when the other party accepts in writing the invitation to conciliate. Section 62(3) states that if the other party rejects the invitation, there will be no conciliation proceedings. Section 62(4) states that if the party initiating conciliation does not receive a reply within thirty days from the date on which he sends the invitation, or within such other period of time as specified in the invitation, he may elect to treat this as a rejection of the invitation to conciliate and if he so elects, he shall inform in writing the other party accordingly. Number of conciliators According to Section 63 of Arbitration and Conciliation Act, 1996, there shall be one conciliators unless parties agree for two or more. Where there are more than one conciliators, they ought as general rule, to act jointly.
Topics: Arbitration and Conciliation Act
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