Conciliation under Indian Law
Under Indian Law Conciliation is governed by Part III Sections 61 to 81 of The Arbitration and Conciliation Act, 1996.
Section 64 of the Arbitration and Conciliation Act, 1996 provides that Parties to a dispute are free to appoint any Person as Conciliator.
When the invitation to the conciliation is accepted by the other party, the parties have to agree on the composition of the conciliation tribunal. In the absence of any agreement to the contrary, there shall be only one sole Conciliator.
In case parties wish to have a panel of Two Conciliators, they may appoint one Conciliator each.
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.
The parties to the dispute may instead of appointing the Conciliator themselves may enlist the assistance of an institution or person of their choice for appointment of Conciliators. But the institution or the person should keep in view during appointment that, the conciliator is independent and impartial.
IDRC Conciliation Rules
The IDRC Conciliation Rules can be accessed here - IDRC Conciliation Rules
IDRC e-Arbitration
Business Friendly
Helps the parties resolve disputes without sacrificing the business relationship
Cost-efficient
By a speedy resolution the parties can focus on profitable business activities rather than spending time and money on litigation
Enforceable
The arbitral award is enforceable as a decree
Fast
A IDRC e-Arbitration is completed within prescribed time.
Paperless
The entire arbitration process is completed without a piece of paper being used.
IDRC e-Mediation
Business Friendly
Helps the parties resolve disputes without sacrificing the business relationship
Cost-efficient
By a speedy resolution the parties can focus on profitable business activities rather than spending time and money on dispute resolution
Fast
A IDRC e-Mediation is usually completed within a prescribed time.
Flexible
The parties are actively in control of the dispute resolution process.
Paperless
The entire mediation process is completed without a piece of paper being used.
