Explain the provisions regarding the appointment of Conciliator under Arbitration and Conciliation Act, 1996. State the role of the Conciliator to settle the dispute.

CS Executive · Economic and Commercial Laws · PYQS · December 2017
Explain the provisions regarding the appointment of Conciliator under Arbitration and Conciliation Act, 1996. State the role of the Conciliator to settle the dispute.

Answer & Explanation:

Appointment of Conciliator: Section 64 of the Arbitration and Conciliation Act, 1996 deals with appointment of conciliator. Section 64(1) of Arbitration and Conciliation Act, 1996 provides that subject to sub-section (2),- in conciliation proceedings with one conciliator, the parties may agree on the name of a sole conciliator; in conciliation proceedings with two conciliators, each party may appoint one conciliator; in conciliation proceedings with three conciliators, each party may appoint one conciliator and the parties may agree on the name of the third conciliator who shall act as the presiding conciliator. Further Section 64(2) provides that parties may enlist the assistance of a suitable institution or person in connection with the appointment of conciliators, and in particular,- a party may respect such an institution or person to recommend the names of suitable individuals to act as conciliator, or the parties may agree that the appointment of one or more conciliators be made directly by such an institution or person: Provided that in recommending or appointing individuals to act as conciliator, the institution or person shall have regard to such considerations as are likely to secure the appointment of an independent and impartial conciliator and, with respect to a sole or third conciliator, shall take into account the advisability of appointing a conciliator of a nationality other than the nationalities of the parties. Role of Conciliator: Section 67 dealing with role of conciliator. Section 67(1) provides that the conciliator shall assist the parties in an independent and impartial manner in their attempt to reach an amicable settlement of their dispute. Further, Section 67 (2) provides that the conciliator shall be guided by principles of objectivity, fairness and justice, giving consideration to, among other things, the rights and obligations of the parties, the usages of the trade concerned and the circumstances surrounding the dispute, including any previous business practices between the parties. As per Section 67 (3) the conciliator may conduct the conciliation proceedings in such a manner as he considers appropriate, taking into account the circumstances of the case, the wishes the parties may express, including any request by a party that the conciliator hear oral statements, and the need for a speedy settlement of the dispute. Section 67 (4) states that the conciliator may, at any stage of the conciliation proceedings, make proposals for a settlement of the dispute. Such proposals need not be in writing and need not be accompanied by a statement of the reasons therefor.

Topics: Arbitration and Conciliation Act, 1996

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