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The Arbitration and Conciliation Act, 1996

64. Appointment of conciliators.

1.   subject to sub-section (2),-

a.   in conciliation proceedings with one conciliator, the parties may agree on the name of a sole conciliator;

b.   in conciliation proceedings with two conciliators, each party may appoint one conciliator;

c.   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.


2.   Parties may enlist the assistance of a suitable institution or person in connection with the appointment of conciliators, and in particular,-

a.   a party may respect such an institution or person to recommend the names of suitable individuals to act as conciliator, or

b.   the parties may agree that the appointment of one or mom 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.

Arbitration and Conciliation Act, 1996 Back

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