Role of conciliator in other proceedings
19.
Unless otherwise agreed by the parties-
(a) the conciliator shall not act as an arbitrator or as a representative or counsel of a party in any arbitral or judicial proceeding in respect of a dispute that is the subject-matter of the conciliation proceedings;
(b) the conciliator shall not be presented by the parties as a witness in any arbitral or judicial proceedings.
Admissibility of evidence in other proceedings
20.
The parties shall not rely on or introduce as evidence in arbitral or judicial proceedings, whether or not such proceedings relate to the dispute that is the subject-matter of the conciliation proceedings.-
(a) Views expressed or suggestions made by the other party in respect of a possible settlement of the dispute;
(b) Admissions made by the other party in the course of conciliation proceedings;
(c) Proposals made by the conciliator;
(d) The fact that the other party had indicated his willingness to accept a proposal for settlement made by the conciliator.
Interpretation and application
21.
If any question arises as to the interpretation or application of these rules or any procedural matters there under, the decision of the Arbitration Committee shall be final and binding on the parties.
PART-B
SERVICES FOR PROCEDURES UNDER THE RULES OF CONCILIATION
22.
To facilitate the conduct of conciliation proceedings that the parties have agreed to conduct under the Rules of Conciliation, the ICA will
(a) perform the functions of the appointing authority whenever-
(i) the ICA has been so designated by the parties in conciliation clause of their contract or in a separate agreement, or
(ii) the parties have agreed to submit a dispute to the ICA under the Rules of Conciliation without specifically designating it as the appointing authority; and
(b) provide the administrative services herein specified when required by the agreement, or when requested by all the parties, or by the conciliator with the consent of the parties.
