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Under Section 30(1) of the Act, an arbitral tribunal may, with the agreement of the parties, use which of the following techniques at any time during arbitral proceedings to encourage settlement of the dispute?
A{'text': 'Attachment of all the bank accounts of any reluctant party under any provision of any law in force in any State of India regardless of any other consideration of any kind', 'label': 'A'}
B{'text': 'Coercive collection of evidence from the parties without their consent under any provision of any law in force in any State of India regardless of any other consideration of any kind', 'label': 'B'}
C{'text': 'Threats of criminal prosecution against any reluctant party under any provision of any law in force in any State of India regardless of any other consideration of any kind', 'label': 'C'}
D{'text': 'Mediation, conciliation or other procedures to encourage settlement', 'label': 'D'}
Answer & Solution
Correct answer: D. {'text': 'Mediation, conciliation or other procedures to encourage settlement', 'label': 'D'}
1. Section 30(1) of the Act says it is not incompatible with an arbitration agreement for an arbitral tribunal to encourage settlement.
2. With the agreement of the parties, the tribunal may use **mediation, conciliation or other procedures** at any time during the arbitral proceedings to encourage settlement.
3. If settled, the tribunal terminates proceedings under Section 30(2) and records the settlement as an arbitral award on agreed terms.
4. Such an award has the **same status and effect** as any other arbitral award (Section 30(4)).
_Source: ICSI CS Executive Paper 1 — Jurisprudence, Interpretation & General Laws, Lesson 13 (Arbitration and Conciliation Act, 1996), pp. 314-333._
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