Question

Section $64$, which provides for the procedure for the appointment of the conciliator is enacted on the basis of:

• A. Article $2$ of UNCITRAL Conciliation Rules
• B. Article $4$ of UNCITRAL Conciliation Rules
• C. Article $3$ of UNCITRAL Conciliation Rules
• D. None of the above

Answer 1

Answer: (B)

Article $4$ of UNCITRAL Conciliation Rules

Article 4 of the UNCITRAL Conciliation Rules 1980 has provided for the appointment of the Conciliators. On the same pattern, section 64 of Arbitration and Conciliation Act, 1996 has provisions for appointment of conciliators. Both UNCITRAL rules and the act provides that in conciliation proceedings with one conciliator, the parties may agree on the name of a sole conciliator. In conciliation proceedings with two conciliators, each party may appoint one conciliator. In conciliation proceedings with three conciliators, each party may appoint one conciliator and the parties may agree on the name of the third conciliator who shall act as the presiding conciliator.