The question (6 marks)
Gulzar writes to Nafisa inviting her to conciliate a dispute over unpaid haulage bills and proposing a named conciliator. Nafisa does not reply for forty days. Gulzar then treats the invitation as rejected and starts arbitration, in which he wishes (a) to appoint the same person as sole arbitrator, and (b) to rely on an offer Nafisa had made in an earlier conciliation between the same parties. Advise Gulzar. (6 marks)
MU Module III, conciliation safeguards; pack ch. 03, ss. 62, 73-81.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 3 · Foreign Awards, Conciliation, Mediation, Negotiation and Counselling of Practical Training – II: Alternate Dispute Resolution.
Authorities you will need
- Arbitration and Conciliation Act
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.