Section 75 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 75 requires the conciliator and the parties to keep confidential all matters relating to the conciliation proceedings, and extends that to the settlement agreement, except where its disclosure is necessary to implement or enforce it. The section is short, but it is cross-referred to in three other places in the Act. This follows the India Code consolidated text consulted.
Notwithstanding anything contained in any other law for the time being in force, the conciliator and the parties shall keep confidential all matters relating to the conciliation proceedings. Confidentiality extends also to the settlement agreement, except where its disclosure is necessary for purposes of implementation and enforcement. Sections 34(2)(b), 48(2) and 57(1) refer to an award made "in violation of section 75 or section 81".
The Mediation Act, 2023 and Part III
The India Code text consulted prints this section. 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. The Mediation Act has its own confidentiality provision; see our article on section 22 of the Mediation Act, 2023.
What section 75 says
Section 75 has two sentences. If you are in a live conciliation and want to know how it applies to your papers, our conciliation services team can walk you through it.
First sentence. Notwithstanding anything contained in any other law for the time being in force, the conciliator and the parties shall keep confidential all matters relating to the conciliation proceedings.
Second sentence. Confidentiality shall extend also to the settlement agreement, except where its disclosure is necessary for purposes of implementation and enforcement.
| Element | What the text says |
|---|---|
| Who is bound | The conciliator and the parties |
| What is covered | All matters relating to the conciliation proceedings |
| Extended to | The settlement agreement |
| Exception | Where disclosure of the settlement agreement is necessary for purposes of implementation and enforcement |
| Overriding words | "Notwithstanding anything contained in any other law for the time being in force" |
Reading the first sentence
- "All matters relating to the conciliation proceedings" is wide. It is not limited to documents or to what is said in meetings.
- The conciliator and the parties are named. The section does not name a third person, such as an institution giving administrative assistance under section 68, and the text consulted does not say whether such a person is bound.
- The override. The opening words say that the duty applies despite any other law. The text consulted does not list the other laws.
Reading the second sentence
The settlement agreement is in the confidentiality net, but there is one exception, framed as necessity: disclosure "for purposes of implementation and enforcement". The sentence does not say how much may be disclosed, or to whom. The text consulted sets out no procedure for it.
Where section 75 is mentioned elsewhere
Section 75 is named in three provisions of the Act, all of them in the same words. In each, an Explanation says that an award is in conflict with the public policy of India only if, among other things, "the making of the award was induced or affected by fraud or corruption or was in violation of section 75 or section 81".
| Provision | Context |
|---|---|
| Section 34(2)(b), Explanation 1 | Grounds for setting aside an arbitral award; see our post on section 34 |
| Section 48(2), Explanation 1 | Refusal of enforcement of a foreign award (New York Convention, Chapter I of Part II) |
| Section 57(1), Explanation 1 | Conditions for enforcement of a foreign award (Geneva Convention, Chapter II of Part II) |
In each case the Explanation is printed within a bracket, and the footnote shows it as substituted by Act 3 of 2016 (w.e.f. 23-10-2015). The text consulted does not elaborate on how an award could be made "in violation of section 75", and nothing is said here beyond what is printed. Section 81, the neighbouring provision, is explained in our article on sections 80 and 81.
Beside section 70 and section 81
Section 75 sits with two other Part III provisions on what stays out of view.
| Provision | What it does |
|---|---|
| Section 70, proviso | The conciliator shall not disclose to the other party information given subject to a specific condition of confidentiality |
| Section 75 | The conciliator and the parties keep all matters relating to the conciliation confidential, including the settlement agreement (with the exception stated) |
| Section 81 | The parties shall not rely on or introduce as evidence in arbitral or judicial proceedings the matters listed in clauses (a) to (d) |
Section 70 is about passing information between the two sides; sections 75 and 81 are about what leaves the conciliation. See our article on sections 69 to 71 for section 70.
Beside section 42A
Section 42A, in Part I, is the confidentiality provision for arbitration. The text consulted prints it as follows, and its footnote shows it as inserted by Act 33 of 2019, s. 9 (w.e.f. 30-8-2019).
| Point | Section 42A (arbitration) | Section 75 (conciliation) |
|---|---|---|
| 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 |
| Exception | The award, where its disclosure is necessary for the purpose of implementation and enforcement of the award | The settlement agreement, where its disclosure is necessary for purposes of implementation and enforcement |
| Override | "Notwithstanding anything contained by any other law for the time being in force" (as printed) | "Notwithstanding anything contained in any other law for the time being in force" |
The two sections are alike in shape. Section 42A, as printed, reads "contained by any other law" and "maintain confidentially"; section 75 has no such slips. See our article on sections 42A and 42B.
An illustration
Venkat Auto Components and Lal Tooling Ltd settle a pricing dispute through conciliation and sign a settlement agreement. Venkat's finance team, wanting to mention the dispute in an internal review, asks whether it can circulate the conciliation papers. Section 75 says all matters relating to the proceedings are kept confidential by the parties; the settlement agreement is covered too, unless disclosure is necessary for implementation and enforcement. If Lal Tooling later defaults and Venkat needs to show the agreement to enforce it, that is the situation the stated exception speaks of: disclosure necessary for implementation and enforcement. The names and facts are invented, and the example does not say which forum.
Need help protecting confidential material?
If you are entering conciliation, the confidentiality duty cuts both ways: it protects what you say, and it limits what you may repeat. Our conciliation services team can help you set out ground rules, mark sensitive papers and plan for the exception when a settlement has to be implemented or enforced.
Key takeaways
- The conciliator and the parties must keep confidential all matters relating to the conciliation proceedings (section 75).
- The duty extends to the settlement agreement, except where disclosure is necessary for implementation and enforcement.
- The section applies "notwithstanding anything contained in any other law".
- An award made "in violation of section 75 or section 81" is named in the public policy Explanations to sections 34(2)(b), 48(2) and 57(1).
- Section 70 (information between the sides) and section 81 (evidence in other proceedings) are separate provisions.
- The Mediation Act, 2023 provides for replacement of sections 61 to 81; commencement by notification, date not in the sources consulted.
Read next
- Sections 80 and 81: conciliator in other proceedings and admissibility of evidence
- Sections 42A and 42B: confidentiality of information and protection of action in good faith
- Sections 69 to 71: communication, disclosure of information and co-operation of parties
- Section 23 of the Mediation Act, 2023: admissibility and privilege against disclosure
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.