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Section 71: Co-operation of parties with conciliator

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

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1996
Section 70 All 87 Sections Schedules (4th, 5th, 7th) Section 72

Legal Commentary & Landmark Judgments: Section 71

Section 71 of the Arbitration and Conciliation Act, 1996 mandates that the parties shall in good faith cooperate with the conciliator and, in particular, shall endeavor to comply with requests by the conciliator to submit written materials, provide evidence, and attend meetings.

  • Good Faith Cooperation Duty: The parties shall in good faith cooperate with the conciliator.
  • Specific Obligations: Shall endeavor to comply with requests by the conciliator to: (a) submit written materials; (b) provide evidence; (c) attend meetings.
  • Statutory Standard of Conduct: Precludes bad faith participation designed merely to waste time or extract confidential adversary positions.
Key Landmark Precedents:
  • Afcons Infrastructure Ltd. v. Cherian Varkey Construction Co. (P) Ltd., (2010) 8 SCC 24: The Supreme Court emphasized that ADR processes require genuine good faith participation by both sides under Section 71.
  • Mysore Cements Ltd. v. Svedala Barmac Ltd., (2003) 10 SCC 375: Discussed the cooperative statutory duty anchoring Part III conciliation.
Courtroom Practice & Strategic Litigation Guidance:

Demonstrate constructive engagement under Section 71 by submitting prompt responses to the conciliator's queries and attending scheduled meetings with decision-makers authorized to sign settlements.

Section 70 All 87 Sections Schedules (4th, 5th, 7th) Section 72