Arbitration and Conciliation Act Section 64 — Appointment of conciliators
CHAPTER II
Civil
Summary
Sub-section (1) sets out how conciliators are chosen depending on how many there are. Under clause (a), if the proceedings use a single conciliator, the parties can agree together on who that person should be. Under clause (b), if there are two conciliators, each party gets to appoint one of them. Under clause (c), if there are three conciliators, each party appoints one, and the parties jointly agree on the third person, who serves as the presiding conciliator.
Sub-section (2) allows the parties to get help from a suitable institution or person when appointing conciliators. Under clause (a), a party can ask such an institution or person to suggest names of suitable individuals to act as conciliator. Under clause (b), the parties can agree that the institution or person will directly make the appointment of one or more conciliators. The proviso states that when recommending or appointing individuals, the institution or person must consider factors that would help secure an independent and impartial conciliator, and for a sole or third conciliator, must also consider whether it is advisable to appoint someone of a nationality different from the parties' nationalities.
Official Text
(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 request 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 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.