Section 69 Arbitration Act: Communication between conciliator and parties

Section 69 of Arbitration and Conciliation Act, 1996: Communication between conciliator and parties

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(1) The conciliator may invite the parties to meet him or may communicate with them orally or in writing. He may meet or communicate with the parties together or with each of them separately.

(2) Unless the parties have agreed upon the place where meetings with the conciliator are to be held, such place shall be determined by the conciliator, after consultation with the parties, having regard to the circumstances of the conciliation proceedings.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Arbitration Sec 2(1)(a)

Legal Commentary & Landmark Judgments: Section 69

Section 69 of the Arbitration and Conciliation Act, 1996 governs communication between the conciliator and parties, explicitly authorizing the conciliator to meet or communicate with the parties together or with each of them separately (private caucusing).

Joint Meetings & Separate Caucusing: The conciliator may invite the parties to meet with them or may communicate with them orally or in writing, together or with each of them separately.
Place of Meetings: Unless otherwise agreed, the place of meeting with the conciliator shall be determined by the conciliator in consultation with parties.
Statutory Legitimacy of Private Caucuses: Statutorily legitimizes confidential ex parte caucusing, which is strictly prohibited in formal arbitration under Section 18.

Key Landmark Precedents:

Haresh Dayaram Thakur v. State of Maharashtra, (2000) 6 SCC 179: The Supreme Court noted that private caucusing under Section 69 is an indispensable tool of conciliation, allowing parties to disclose real financial constraints in confidence.
Afcons Infrastructure Ltd. v. Cherian Varkey Construction Co. (P) Ltd., (2010) 8 SCC 24: Reaffirmed that private caucusing facilitates candid settlement discussions.

Courtroom Practice & Strategic Litigation Guidance:

Use private caucuses under Section 69 to share confidential bottom-line settlement figures with the conciliator, explicitly requesting confidentiality under Section 70.

Section 69: Communication between conciliator and parties

Section 69 of Arbitration and Conciliation Act, 1996: Communication between conciliator and parties

Legal Commentary & Landmark Judgments: Section 69