Section 70 Arbitration Act: Disclosure of information

Section 70 of Arbitration and Conciliation Act, 1996: Disclosure of information

Official Bare Act Text

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

When the conciliator receives factual information concerning the dispute from a party, he shall disclose the substance of that information to the other party in order that the other party may have the opportunity to present any explanation which he considers appropriate:

Provided that when a party gives any information to the conciliator subject to a specific condition that it be kept confidential, the conciliator shall not disclose that information to the other party.

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

Arbitration Sec 2(1)(a)

Legal Commentary & Landmark Judgments: Section 70

Section 70 of the Arbitration and Conciliation Act, 1996 regulates the disclosure of information received by the conciliator from a party, requiring disclosure to the other party to allow explanation, unless given under a specific condition of confidentiality.

General Rule of Information Disclosure: When the conciliator receives factual information concerning the dispute from a party, they shall disclose the substance of that information to the other party so that the other party may have the opportunity to present any explanation.
Strict Confidentiality Exception: Proviso: When a party gives any information to the conciliator subject to a specific condition that it be kept confidential, the conciliator shall not disclose that information to the other party.
Building Trust in Conciliation: Encourages candid communication by guaranteeing that sensitive commercial figures will not be leaked to the adversary.

Key Landmark Precedents:

Afcons Infrastructure Ltd. v. Cherian Varkey Construction Co. (P) Ltd., (2010) 8 SCC 24: The Supreme Court highlighted that the confidentiality safeguard under Section 70 is crucial to maintain trust in the mediation and conciliation process.
Haresh Dayaram Thakur v. State of Maharashtra, (2000) 6 SCC 179: Affirmed that conciliators are bound to maintain strict confidentiality regarding caucused disclosures.

Courtroom Practice & Strategic Litigation Guidance:

Whenever sharing sensitive balance sheets, tax audits, or confidential settlement limits during a private caucus, explicitly endorse: 'This disclosure is subject to Section 70 confidentiality and must not be disclosed to the other party'.

Section 70: Disclosure of information

Section 70 of Arbitration and Conciliation Act, 1996: Disclosure of information

Legal Commentary & Landmark Judgments: Section 70