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Section 63: Number of conciliators

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

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1996
Section 62 All 87 Sections Schedules (4th, 5th, 7th) Section 64
Statutory Defined Terms in this Section: (Click any term for official legal definition)
Arbitration Sec 2(1)(a)

Legal Commentary & Landmark Judgments: Section 63

Section 63 of the Arbitration and Conciliation Act, 1996 determines the number of conciliators, establishing that there shall be one conciliator unless the parties agree that there shall be two or three conciliators.

  • Default Rule of Sole Conciliator: There shall be one conciliator unless the parties agree that there shall be two or three conciliators.
  • Joint Action Requirement: Section 63(2): Where there is more than one conciliator, they ought, as a general rule, to act jointly.
  • Cost-Effective Resolution: A single conciliator is favored to minimize administrative expenses and expedite consensus.
Key Landmark Precedents:
  • Haresh Dayaram Thakur v. State of Maharashtra, (2000) 6 SCC 179: The Supreme Court noted that statutory conciliation favors single or joint conciliators acting in absolute neutrality to facilitate settlement.
  • Mysore Cements Ltd. v. Svedala Barmac Ltd., (2003) 10 SCC 375: Discussed the composition and appointment protocols of conciliators under Part III.
Courtroom Practice & Strategic Litigation Guidance:

In conciliation agreements, opt for a sole conciliator under Section 63 to maintain flexibility, reduce administrative friction, and avoid coordinating schedules of multiple neutral professionals.

Section 62 All 87 Sections Schedules (4th, 5th, 7th) Section 64