Section 75 Arbitration Act: Confidentiality

Section 75 of Arbitration and Conciliation Act, 1996: Confidentiality

Official Bare Act Text

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

Notwithstanding anything contained in any other law for the time being in force , the conciliator and the parties shall keep confidential all matters relating to the conciliation proceedings.

Confidentiality shall extend also to the settlement agreement, except where its disclosure is necessary for purposes of implementation and enforcement.

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

Arbitration Sec 2(1)(a)

Legal Commentary & Landmark Judgments: Section 75

Section 75 of the Arbitration and Conciliation Act, 1996 establishes the mandatory confidentiality of conciliation proceedings, barring the conciliator and the parties from disclosing any matters relating to the conciliation proceedings, except where disclosure is necessary for implementation and enforcement.

Absolute Statutory Confidentiality: Notwithstanding anything contained in any other law for the time being in force, the conciliator and the parties shall keep confidential all matters relating to the conciliation proceedings.
Scope of Confidentiality: Extends to the settlement agreement, proposals, concessions, admissions, and documents generated during conciliation.
Sole Statutory Exception: Confidentiality does not apply where its disclosure is necessary for purposes of implementation and enforcement of the settlement agreement.

Key Landmark Precedents:

Afcons Infrastructure Ltd. v. Cherian Varkey Construction Co. (P) Ltd., (2010) 8 SCC 24: The Supreme Court highlighted that confidentiality under Section 75 is the cornerstone of effective conciliation, ensuring that parties can make concessions without prejudice to their legal positions.
Haresh Dayaram Thakur v. State of Maharashtra, (2000) 6 SCC 179: Affirmed that breach of conciliation confidentiality undermines the integrity of alternative dispute resolution.

Courtroom Practice & Strategic Litigation Guidance:

If an adversary attempts to use conciliation proposals or settlement figures in subsequent court or arbitration proceedings, move an immediate objection under Section 75 read with Section 81 to strike the references off the judicial record.

Section 75: Confidentiality

Section 75 of Arbitration and Conciliation Act, 1996: Confidentiality

Legal Commentary & Landmark Judgments: Section 75