Arbitration and Conciliation Act, 1996

Section 6 of Arbitration Act: Administrative Assistance

Section 6 of the Arbitration and Conciliation Act, 1996 enables the parties, or the arbitral tribunal with the consent of the parties, to arrange administrative assistance from a suitable institution or person in order to facilitate the conduct of arbitral proceedings.

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Section 6 - Administrative Assistance

In order to facilitate the conduct of the arbitral proceedings, the parties, or the arbitral tribunal with the consent of the parties, may arrange for administrative assistance by a suitable institution or person.

Meaning and Scope of Section 6

Section 6 provides a statutory basis for obtaining administrative support for an arbitration. The provision is facilitative: it allows practical arrangements to be made so that the arbitral proceedings can be conducted efficiently.

The section does not require every arbitration to use an arbitral institution or an external administrator. It permits such assistance where the parties consider it useful, or where the arbitral tribunal proposes it and the parties consent.

Who Can Arrange Administrative Assistance?

The parties The parties may themselves agree to arrange administrative assistance for the arbitration.
The arbitral tribunal The arbitral tribunal may arrange such assistance only with the consent of the parties.

The requirement of party consent where the tribunal makes the arrangement reflects the role of party autonomy in arbitration.

Purpose of Administrative Assistance

The statutory purpose is to "facilitate the conduct of the arbitral proceedings". Administrative assistance may therefore relate to organizational and logistical functions supporting the proceedings, subject to the arbitration agreement, applicable rules and directions of the tribunal.

Practical scope: Depending on the agreed procedure, administrative assistance may include arrangements for correspondence, scheduling, hearing facilities, document transmission, record management, fee administration or other non-adjudicatory support required for orderly conduct of the arbitration.

Assistance by a Suitable Institution or Person

Section 6 permits administrative assistance to be provided by a "suitable institution or person". The wording is broad and does not confine assistance to a particular category of institution.

Where an institutional arbitration is chosen, administrative functions may be performed in accordance with the applicable institutional rules. In an ad hoc arbitration, the parties may arrange assistance from another suitable institution or person where needed.

Section 6 and the Arbitral Tribunal's Adjudicatory Role

Administrative assistance under Section 6 is intended to support the conduct of proceedings. The arbitral tribunal remains responsible for exercising the adjudicatory functions entrusted to it under the Act and the arbitration agreement.

Accordingly, any administrative arrangement should be consistent with the parties' agreement, applicable arbitration rules and the legal responsibilities of the arbitral tribunal.

Official Source

The official consolidated text of the Arbitration and Conciliation Act, 1996 is available on India Code. The legislation is Act No. 26 of 1996.

View the Arbitration and Conciliation Act, 1996 on India Code
Note: This page reproduces and explains Section 6 for legal information and research. The precise administrative arrangements in a particular arbitration depend on the arbitration agreement, any applicable institutional rules, party consent and procedural directions made in the proceedings.