Test: Arbitration, Tribunal Adjudication and Alternative Dispute Resolution - 2 - Humanities/Arts MCQ

As per section 67(4) of the act, the conciliator may, at any stage of the conciliation proceedings, make proposals for a settlement of the dispute. Such proposals need not be in writing and need not be accompanied by a statement of the reasons. Hence, B is the correct option.

In Conciliation proceedings under section 71, the parties shall in good faith cooperate with the conciliator and, in particular, shall endeavor to comply with requests by the conciliator to submit written materials, provide evidence and attend meetings.

Settlement agreement after conciliation proceedings is drawn by conciliator(s), when he finds elements of settlement agreement in the matter. This has been provided under section 73 of the act which says that: When it appears to the conciliator that there exist elements of a settlement, which may be acceptable to the parties, he shall formulate the terms of a possible settlement and submit them to the parties for their observations. If the parties reach agreement on a settlement of the dispute, they may draw up and sign a written settlement agreement. If requested by the parties, the conciliator may draw up, or assist the parties in drawing up, the settlement agreement. When the parties sign the settlement agreement, it shall be final and binding on the parties and persons claiming under them respectively. The conciliator shall authenticate the settlement agreement and furnish a copy thereof to each of the parties.

As per section 73 (4) of the act, after the settlement has been reached between the parties, the conciliator shall authenticate the settlement agreement and furnish a copy thereof to each of the parties. Hence, B is the correct option.

Under section 76 of the act, ways of terminating the conciliation proceedings have been provided. It says that the conciliation proceedings shall be terminated:

• By the signing of the settlement agreement by the parties on the date of the agreement; or
• By a written declaration of the conciliator, after consultation with the parties, to the effect that further efforts at conciliation are no longer justified, on the date of the declaration; or
• By a written declaration of the parties addressed to the conciliator to the effect that the conciliation proceedings are terminated, on the date of the declaration; or
• By a written declaration of a party to the other party and the conciliator, if appointed, to the effect that the conciliation proceedings are terminated, on the date of the declaration. 

Under section 81 of the act there are certain kinds of evidence which are inadmissible which include:

• Views expressed or suggestions made by the other party in respect of a possible settlement of the dispute;
• Admissions made by the other party in the course of the conciliation proceedings;
• Proposals made by the conciliator;
• The fact that the other party had indicated his willingness to accept a proposal for settlement made by the conciliator. 

Settlement agreement after conciliation proceedings is drawn by conciliator(s), when he finds elements of settlement agreement in the matter. This has been provided under section 73 of the act which says that:

• When it appears to the conciliator that there exist elements of a settlement, which may be acceptable to the parties, he shall formulate the terms of a possible settlement and submit them to the parties for their observations. 
• If the parties reach agreement on a settlement of the dispute, they may draw up and sign a written settlement agreement. If requested by the parties, the conciliator may draw up, or assist the parties in drawing up, the settlement agreement.
• When the parties sign the settlement agreement, it shall be final and binding on the parties and persons claiming under them respectively.
• The conciliator shall authenticate the settlement agreement and furnish a copy thereof to each of the parties. 

Section 8 of the Arbitration and Conciliation Act, 1996,  a judicial authority before which an action is brought in a matter which is the subject of an arbitration agreement shall, if a party so applies not later than when submitting his first statement on the substance of the dispute, refer the parties to arbitration. If the issue is pending before the judicial authority, an arbitration may be commenced or continued and an arbitral award made. Section 34 of Arbitration and Conciliation Act, 1940, says that where any party to an arbitration agreement or any person claiming under him commences any legal proceedings against any other patty to the agreement or any person claiming under him in respect of any matter agreed to be referred, any party to such legal proceedings may, at any time before filing a written statement or taking any other steps in' the proceedings, apply to the judicial authority before which the proceedings are pending to stay the proceedings; and if satisfied that there is no sufficient reason why the matter should not be referred in accordance with the arbitration agreement and that the applicant was, at the time when the proceedings were commenced. and still remains, ready and willing to do all things necessary to the proper conduct of the arbitration, such authority may make an order staying the proceedings.

International Telecommunications Union was established as International Telegraph Union on 1717th May, 1865 at Paris. It is a specialised agency of the UN which deals with issues related to Inernational Telecommunications and information technology. The International Telegraph Union merged with International Radiotelegraph Union which was unofficially established, in the year 1932 to make International Telecommunication Union which is now headquartered at Geneva, Switzerland.

The Central Administrative Tribunal's function is to adjudicate the disputes with respect to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or state or other local authorities within the territory of India od under the control of Government of India.