Section 73: Settlement agreement in conciliation

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 73

Section 73 of the Arbitration and Conciliation Act, 1996 prescribes the mandatory procedure for formulating, executing, and finalizing a settlement agreement in conciliation, requiring the agreement to be signed by the parties to attain finality.

  • Formulation of Settlement Terms: When it appears to the conciliator that there exist elements of a settlement acceptable to parties, the conciliator shall formulate the terms of a possible settlement and submit them to the parties for observations.
  • Re-formulation after Observations: After receiving observations, the conciliator may reformulate the terms in light of such observations.
  • Drawing Up & Signing Mandatory: Section 73(3): If the parties reach agreement, they shall draw up and sign a written settlement agreement; the conciliator authenticates the agreement.
  • Final & Binding Legal Status: Section 73(4): The settlement agreement shall be final and binding on the parties and persons claiming under them respectively.
Key Landmark Precedents:
  • Haresh Dayaram Thakur v. State of Maharashtra, (2000) 6 SCC 179: The Supreme Court authoritatively held that a conciliation settlement becomes final, binding, and executable under Section 74 only when it is drawn up and signed by the parties themselves in strict compliance with Section 73; an unsigned report by the conciliator has no legal validity.
  • Mysore Cements Ltd. v. Svedala Barmac Ltd., (2003) 10 SCC 375: The Supreme Court held that a memorandum of conciliation that is not signed by both parties does not satisfy Section 73 and cannot be enforced as an arbitral award.
Courtroom Practice & Strategic Litigation Guidance:

Ensure that the settlement agreement is signed by the authorized directors/representatives of both parties and authenticated by the conciliator under Section 73; an agreement signed merely by advocates or left as an unsigned report cannot be executed under Section 74.