Arbitration and Conciliation Act Section 79 — Deposits

CHAPTER II

Civil

Summary

Sub-section (1) allows the conciliator to ask each party to pay an equal amount in advance to cover the costs expected to be incurred, as referred to in section 78(2).

Sub-section (2) permits the conciliator to ask for additional deposits, also in equal amounts from each party, during the course of the conciliation proceedings.

Under sub-section (3), if both parties do not pay the required deposits in full within thirty days, the conciliator may either suspend the proceedings or issue a written declaration terminating the proceedings, with the termination taking effect on the date of that declaration.

Sub-section (4) requires that when the conciliation proceedings end, the conciliator must provide an accounting to the parties of all deposits received and return any unused balance to them.

Official Text

(1) The conciliator may direct each party to deposit an equal amount as an advance for the costs referred to in sub-section(2) of section 78 which he expects will be incurred.

(2) During the course of the conciliation proceedings, the conciliator may direct supplementary deposits in an equal amount from each party.

(3) If the required deposits under sub-sections

(1) and

(2) are not paid in full by both parties within thirty days, the conciliator may suspend the proceedings or may make a written declaration of termination of the proceedings to the parties, effective on the date of that declaration.

(4) Upon termination of the conciliation proceedings, the conciliator shall render an accounting to the parties of the deposits received and shall return any unexpended balance to the parties.