In cases of urgency and to preserve party’s rights, arbitral proceedings can be initiated even when conciliation proceedings were pending: Delhi High Court
The Delhi High Court held that even if the Contract clearly stated that before resorting to arbitration, the parties agreed to explore Conciliation by the Committee, the same cannot be held to be mandatory in nature. Further, the Court held that in case of urgency, arbitral proceedings can be initiated even when conciliation proceedings were pending.