Sections 63 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.
Section 63 fixes the number of conciliators: one, unless the parties agree on two or three. Section 64 says how each is appointed and lets the parties enlist an institution or person to recommend or appoint. This follows the India Code consolidated text consulted.
There is one conciliator unless the parties agree on two or three (section 63(1)); more than one ought, as a general rule, to act jointly (section 63(2)). With one conciliator, the parties agree on a name; with two, each party appoints one; with three, each appoints one and they agree on the third, who presides (section 64(1)). They may enlist an institution or person to recommend names or make the appointment directly, and that body must have regard to independence and impartiality (section 64(2) and proviso).
The Mediation Act, 2023 and Part III
The India Code text consulted prints these sections. 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 Part III. Our article on sections 58 to 61 of the Mediation Act, 2023 explains the amendments.
Where these sections fit
Section 62 decides when conciliation starts: see our article on sections 61 and 62. Once the other party has accepted the invitation in writing, the next practical question is who will conciliate. Sections 63 and 64 answer it. After the appointment, the conciliator's first formal step is to request statements, dealt with in sections 65 and 66. If you want help choosing a conciliator or drafting the appointment terms, our conciliation services team can assist.
Section 63: how many conciliators
| Provision | What it says |
|---|---|
| 63(1) | There shall be one conciliator unless the parties agree that there shall be two or three conciliators |
| 63(2) | Where there is more than one conciliator, they ought, as a general rule, to act jointly |
Three things follow from the text:
- The default is one. The parties must agree to depart from it.
- The permitted alternatives are two or three. The section names no other number.
- Joint action is a general rule. The words are "ought, as a general rule". The section does not say what happens if conciliators disagree, and the text consulted gives no rule on it.
Section 64(1): who appoints whom
Section 64(1) is "subject to sub-section (2)", so read the two together.
| Number of conciliators | Appointment under section 64(1) |
|---|---|
| One (clause (a)) | The parties may agree on the name of a sole conciliator |
| Two (clause (b)) | Each party may appoint one conciliator |
| Three (clause (c)) | 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 verb in each clause is "may". The section does not set out what follows if the parties cannot agree on a sole conciliator, or on the third conciliator, and the text consulted prescribes no fallback. It also does not give a time within which the appointment must be made.
Section 64(2): enlisting an institution or person
Section 64(2) says the parties may enlist the assistance of a suitable institution or person in connection with the appointment of conciliators. In particular:
- Clause (a): a party may request such an institution or person to recommend the names of suitable individuals to act as conciliator; or
- Clause (b): the parties may agree that the appointment of one or more conciliators be made directly by such an institution or person.
The text consulted does not name any institution, and nothing is said here about any particular body.
The proviso: independence, impartiality and nationality
The proviso says 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, take into account the advisability of appointing a conciliator of a nationality other than the nationalities of the parties.
Two points of reading. The independence and impartiality duty applies to every recommendation or appointment by the institution or person. The nationality point applies only to a sole or third conciliator, and the wording is "shall take into account the advisability": the proviso asks the body to weigh the point, not to apply a rule.
Beside the arbitrator provisions
For arbitrators, the appointment route appears in section 11; see our post on appointment of arbitrator under section 11. Sections 63 and 64 mention no court: appointment is by the parties, or by an institution or person they enlist. No court power of appointment appears in these two sections, and none is described here.
An illustration
Aarav Foods Pvt Ltd and Sundaram Cold Chain LLP have a dispute over a cold-storage contract. Sundaram has accepted Aarav's written invitation. The parties agree on three conciliators. Aarav names one, Sundaram names one, and the two sides agree on a third, who presides (section 64(1)(c)). Separately, the parties could have asked an institution to recommend names (section 64(2)(a)). The names and facts are invented.
Had the parties said nothing about numbers, section 63(1) would have meant one conciliator, whose name they would agree under section 64(1)(a).
Need help with appointing a conciliator?
Choosing the number of conciliators and the appointing route is easier before a dispute hardens. Our conciliation services team can help you set the number, draft the appointment terms and shortlist suitable names. For the next step after appointment, read our article on statements to the conciliator.
Key takeaways
- One conciliator is the default; two or three only if the parties agree (section 63(1)).
- More than one conciliator ought, as a general rule, to act jointly (section 63(2)).
- Sole conciliator: agreed name. Two: one each. Three: one each plus an agreed presiding third (section 64(1)).
- An institution or person may be asked to recommend names or to appoint directly (section 64(2)).
- The proviso asks the institution or person to secure an independent and impartial conciliator and to weigh nationality for a sole or third conciliator.
- The Mediation Act, 2023 provides for replacement of sections 61 to 81; commencement by notification, date not in the sources consulted.
Read next
- Sections 61 and 62: application of Part III and commencement of conciliation
- Sections 65 and 66: statements to the conciliator
- Sections 67 and 68: role of the conciliator and administrative assistance
- Appointment of arbitrator under section 11
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.