Section 30: Settlement

Arbitration and Conciliation Act, 1996 • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1996
Statutory Defined Terms in this Section: (Click any term for official legal definition)

Legal Commentary & Landmark Judgments: Section 30

Section 30 of the Arbitration and Conciliation Act, 1996 encourages settlement of disputes, authorizing the arbitral tribunal to use mediation, conciliation, or other procedures to encourage settlement, and providing for the recording of an agreed settlement in the form of a consent arbitral award.

  • Tribunal's Power to Encourage Settlement: It is not incompatible with an arbitration agreement for an arbitral tribunal to encourage settlement of the dispute and, with the agreement of the parties, use mediation, conciliation, or other procedures.
  • Recording Settlement as Arbitral Award: If parties settle the dispute during proceedings, the tribunal shall terminate the proceedings and, if requested by parties and not objected to by tribunal, record the settlement in the form of an arbitral award on agreed terms.
  • Status & Effect of Consent Award: Section 30(4): An arbitral award on agreed terms has the same status and effect as any other arbitral award on the substance of the dispute.
  • Enforceable as Civil Court Decree: Enforceable directly under Section 36 in the same manner as a contested decree of a civil court.
Key Landmark Precedents:
  • State of Punjab v. Geeta Iron & Brass Works Ltd., (1978) 1 SCC 68: The Supreme Court highlighted that statutory encouragement of settlements under arbitration law avoids protracted litigation and fosters commercial goodwill.
  • K.K. Modi v. K.N. Modi, (1998) 3 SCC 573: The Supreme Court held that an agreed settlement recorded as a consent award under Section 30 possesses the full legal finality and enforceability of a regular arbitral award.
Courtroom Practice & Strategic Litigation Guidance:

When a commercial dispute is settled amicably during arbitration, always request the arbitral tribunal to record the settlement terms as a formal 'Arbitral Award on Agreed Terms' under Section 30, making it directly executable under Section 36 without fresh suits.