Section 64 of the Arbitration and Conciliation Act, 1996 - Appointment of Conciliators

Section 64 of the Arbitration and Conciliation Act, 1996 sets out the procedure for appointing conciliators in conciliation proceedings under Part III of the Act. It explains how a sole conciliator, two conciliators or three conciliators may be appointed and permits parties to seek assistance from a suitable institution or person.

Meaning of Section 64

Section 64 establishes the mechanism by which conciliators are selected. The procedure depends on the number of conciliators agreed upon by the parties under Section 63.

The section reflects party autonomy. Parties may agree directly on a sole conciliator, individually nominate conciliators where there are two, or nominate one each and jointly agree upon a presiding conciliator where there are three.

Appointment of a sole conciliator

Where the conciliation is to be conducted by one conciliator, Section 64(1)(a) permits the parties to agree on the name of that sole conciliator. The appointment therefore depends upon consensus between the parties.

Appointment where there are two conciliators

Under Section 64(1)(b), where two conciliators are to conduct the proceedings, each party may appoint one conciliator. This gives each side a direct role in constituting the conciliation panel.

Appointment where there are three conciliators

Where three conciliators are appointed, Section 64(1)(c) allows each party to appoint one conciliator. The parties may then agree upon the third conciliator, who acts as the presiding conciliator.

Assistance of an institution or person

Section 64(2) permits parties to obtain assistance from a suitable institution or person in connection with appointment. This assistance can take two principal forms.

• A party may request recommendations of suitable individuals who could act as conciliator.
• The parties may agree that the institution or person will directly appoint one or more conciliators.

Independence and impartiality of conciliators

The proviso to Section 64(2) requires the institution or person making a recommendation or appointment to consider factors likely to secure an independent and impartial conciliator. This safeguard is central to the credibility and neutrality of the conciliation process.

Nationality of sole or third conciliator

For a sole conciliator or the third conciliator, the appointing institution or person must also take into account the advisability of appointing someone whose nationality is different from the nationalities of the parties. This is particularly relevant in disputes involving parties from different countries.

How Sections 63 and 64 work together

Section 63 determines the permissible number of conciliators. Section 64 then explains how those conciliators are appointed. The two provisions should therefore be read together when constituting a conciliation process.

Relation with commencement of conciliation

The appointment mechanism forms part of the broader conciliation procedure. Section 62 deals with commencement of conciliation proceedings, while Section 65 deals with submission of statements to the conciliator after appointment.

Key points under Section 64

• A sole conciliator may be appointed by agreement of the parties.
• Where there are two conciliators, each party may appoint one.
• Where there are three conciliators, each party may appoint one and the parties may agree on the third, who acts as presiding conciliator.
• Parties may seek assistance from a suitable institution or person.
• An institution or person may recommend candidates or, if agreed, directly appoint conciliators.
• Independence and impartiality must be considered when recommendations or appointments are made.
• For a sole or third conciliator, nationality different from that of the parties may be considered advisable.

Related provisions

For the surrounding statutory framework, see Section 61 - Application and scope, Section 62 - Commencement of conciliation proceedings, Section 63 - Number of conciliators and Section 65 - Submission of statements to conciliator.

This page provides general legal information. For a specific dispute, check the current statutory text, applicable commencement notifications and relevant judicial decisions before taking legal action.