Section 65 of the Arbitration and Conciliation Act, 1996 - Submission of Statements to Conciliator

Section 65 of the Arbitration and Conciliation Act, 1996 governs the written statements, supporting documents, evidence and additional information that a conciliator may request from the parties during conciliation proceedings.

Meaning of Section 65

Section 65 gives the conciliator authority to obtain sufficient written information from the parties to understand the dispute, identify the issues and evaluate each party's position. The provision also requires transparency between the parties by directing that copies of the relevant statements, documents and evidence be sent to the other side.

Initial written statement under Section 65(1)

After appointment, the conciliator may ask each party for a brief written statement setting out the general nature of the dispute and the points in issue. The statement is intended to give the conciliator an initial overview of the controversy.

Each party must send a copy of this statement to the other party. This ensures that both sides know the basic case being presented during the conciliation process.

Further statement, documents and evidence under Section 65(2)

The conciliator may also ask each party for a more detailed written statement explaining its position and the facts and grounds supporting that position.

A party may supplement the statement with documents and other evidence it considers appropriate. A copy of the statement, documents and evidence must also be sent to the other party.

Additional information under Section 65(3)

The conciliator's power to seek information is not limited to the opening stages of the proceedings. At any stage of conciliation, the conciliator may request additional information from a party where such information is considered appropriate for the process.

Meaning of "conciliator" in Section 65 and following provisions

The Explanation to Section 65 clarifies that the expression "conciliator" in Section 65 and the sections that follow includes a sole conciliator as well as a panel consisting of two or three conciliators.

This Explanation avoids the need to repeat separate references to one, two or three conciliators throughout the later provisions of Part III.

How Section 65 works with Sections 63 and 64

Section 63 determines the number of conciliators, while Section 64 deals with their appointment. Once the conciliator or conciliators are appointed, Section 65 enables them to request written statements, supporting documents, evidence and additional information from the parties.

Practical effect of Section 65

• The conciliator may obtain an initial written summary of the dispute from each party.
• The initial statement should identify the general nature of the dispute and points at issue.
• The conciliator may request a further and more detailed statement of position.
• Documents and other evidence may accompany the further statement.
• Copies of statements, documents and evidence must be shared with the other party as required by the section.
• The conciliator may request additional information at any stage of the proceedings.
• The term "conciliator" includes one, two or three conciliators for Section 65 and the following provisions of Part III.

Related provisions

For the surrounding statutory framework, see Section 62 - Commencement of conciliation proceedings, Section 63 - Number of conciliators, Section 64 - Appointment of conciliators and Section 66 - Conciliator not bound by certain enactments.

This page provides general legal information. For a particular conciliation or dispute, check the latest official statutory text, applicable notifications and relevant judicial decisions before taking legal action.