Sections 42A explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Sections 42A and 42B were added to Part I after the original Act. Section 42A makes the arbitrator, the arbitral institution and the parties maintain confidentiality of all arbitral proceedings, with one stated exception for the award. Section 42B protects an arbitrator against suit or other legal proceedings for anything done in good faith under the Act. This article reads both as per the India Code consolidated text consulted. For help with a clause or a live matter, see our arbitration support page.
Under section 42A, the arbitrator, the arbitral institution and the parties shall maintain confidentiality of all arbitral proceedings, except the award where its disclosure is necessary for implementation and enforcement of the award. Under section 42B, no suit or other legal proceedings lie against the arbitrator for anything done in good faith, or intended to be done, under the Act or the rules or regulations made under it. The footnote shows both as inserted by Act 33 of 2019, section 9, with effect from 30-8-2019.
What the footnote says
The two sections sit inside one bracket. The footnote reads: "Ins. by Act 33 of 2019, s. 9 (w.e.f. 30-8-2019)". Act 33 of 2019 is the 2019 Amendment Act. This article names no other amending Act for these sections and says nothing about any later change.
Section 42A: confidentiality of information
Who is bound
The text names three: "the arbitrator, the arbitral institution and the parties to the arbitration agreement". The section opens with "Notwithstanding anything contained by any other law for the time being in force" (the text consulted prints "by", where other sections print "in"; read it as printed). The words "arbitral institution" are used in the Act's own words. Section 2 as printed in the text consulted carries no definition of the term, so this article does not supply one.
What they must keep confidential
The text consulted reads: they "shall maintain confidentially of all arbitral proceedings except award where its disclosure is necessary for the purpose of implementation and enforcement of award". Two points are worth flagging:
- The word "confidentially" appears where "confidentiality" would be expected. It is printed as it stands.
- The sentence is compressed. The words "except award where its disclosure is necessary for the purpose of implementation and enforcement of award" make the award the one item for which disclosure is expressly allowed, and only where disclosure is necessary for implementation and enforcement.
Beyond that, the section is silent. It does not say how long confidentiality lasts, what counts as breach, what remedy follows, or how it sits with a party's need to report to a lender, auditor or regulator. This article states none of those; the text consulted has no answer.
What "implementation and enforcement" connects to
An award is implemented and enforced by the routes in the Act. For domestic awards, see our article on section 36, and for the challenge route see the section 34 post.
Section 42B: protection of action taken in good faith
"No suit or other legal proceedings shall lie against the arbitrator for anything which is in good faith done or intended to be done under this Act or the rules or regulations made thereunder."
- Who is protected: the arbitrator. The section names no one else; it does not mention the arbitral institution or the parties.
- What is protected: anything "in good faith done or intended to be done". The words "intended to be done" extend the protection to acts that were intended, not only completed.
- Under what: "this Act or the rules or regulations made thereunder". No rules or regulations are in the source, so this article describes none.
- The condition: good faith. The section does not define the term, and it does not say who must prove it.
The section bars "suit or other legal proceedings" against the arbitrator. It does not touch the Court's powers over the award, the tribunal's mandate or the costs provisions; those are dealt with elsewhere in the Act, for instance in sections 38 and 39.
Comparing confidentiality in arbitration and in conciliation
Part III of the Act has its own confidentiality provision, section 75. Setting the two side by side as printed:
| Point | Section 42A (arbitration) | Section 75 (conciliation) |
|---|---|---|
| Opening | "Notwithstanding anything contained by any other law for the time being in force" | "Notwithstanding anything contained in any other law for the time being in force" |
| Who is bound | The arbitrator, the arbitral institution and the parties to the arbitration agreement | The conciliator and the parties |
| What is covered | All arbitral proceedings | All matters relating to the conciliation proceedings |
| Stated exception | The award, where its disclosure is necessary for implementation and enforcement | The settlement agreement, where its disclosure is necessary for implementation and enforcement |
| Where it sits | Part I, inserted by Act 33 of 2019, section 9 (w.e.f. 30-8-2019) | Part III, no footnote in the text consulted |
Our article on section 75 deals with the conciliation provision. The Mediation Act, 2023 provides for sections 61 to 81 of this Act to be replaced by two sections; its commencement is by notification and the date is not in the sources consulted, so check whether that change is in force before relying on section 75. See sections 58–61 of the Mediation Act, 2023. The Mediation Act has its own confidentiality rules, explained in our posts on section 22 and section 23 of that Act; they are a different statute and are not part of this Act.
An example
Harbour Retail LLP and Meridian Fabrics Pvt Ltd arbitrate a supply dispute through an institution. During the proceedings Harbour Retail's accounts team wants to share the pleadings with a trade association. Section 42A says the parties, the arbitrator and the arbitral institution "shall maintain confidentially of all arbitral proceedings". The only exception stated is the award where disclosure is necessary for implementation and enforcement. When Harbour Retail later files its award before a court for enforcement, the disclosure of the award for that purpose is what the stated exception speaks of.
If Meridian were to sue the arbitrator over an order passed in the course of the proceedings, section 42B says no suit or legal proceedings lie for anything done in good faith under the Act. The section does not say what happens if bad faith is alleged; the text consulted is silent.
Practical points
- Put it in the contract. Section 42A is the statutory baseline. An arbitration clause can still describe how information is to be handled; see our guide on drafting an arbitration clause.
- Limit circulation. Pleadings, hearing records and orders belong to "all arbitral proceedings".
- Keep the enforcement exception narrow. Disclosure of the award is allowed where "necessary" for implementation and enforcement.
Need help with confidentiality in an arbitration?
If you are drafting an arbitration clause, or you are in a dispute and unsure what may be shared outside the proceedings, our arbitration support team can review the clause and the papers and advise on section 42A.
Key takeaways
- Section 42A binds the arbitrator, the arbitral institution and the parties to maintain confidentiality of all arbitral proceedings.
- The one exception stated is the award, where disclosure is necessary for implementation and enforcement.
- Section 42B bars suit or other legal proceedings against the arbitrator for anything done, or intended to be done, in good faith under the Act or the rules or regulations made under it.
- Both sections are shown as inserted by Act 33 of 2019, section 9, w.e.f. 30-8-2019.
- The text consulted is silent on duration, breach, remedies and the meaning of good faith.
Read next
- Section 43: the Limitation Act applies to arbitrations
- Section 75: confidentiality of conciliation proceedings
- Section 42: jurisdiction of the Court over later applications
- Section 22 of the Mediation Act, 2023: confidentiality of mediation
Disclaimer: Based on the India Code consolidated text of the Arbitration and Conciliation Act, 1996, whose footnotes show amendments up to Act 3 of 2021 and a latest date of 12 October 2023, as consulted on 2 October 2026. Rules, regulations and notifications under the Act, later amendments and the commencement of the Mediation Act, 2023 should be checked. This article is general information, not legal advice; check the official text before acting.