Sections 80 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 80 keeps the conciliator out of later arbitral or judicial proceedings on the same dispute, as arbitrator, representative, counsel or witness, unless the parties agree otherwise. Section 81 stops the parties from relying on four kinds of conciliation material as evidence in arbitral or judicial proceedings. This follows the India Code consolidated text consulted.
Unless otherwise agreed by the parties, the conciliator shall not act as an arbitrator or as a representative or counsel of a party in arbitral or judicial proceedings on the dispute, and shall not be presented by the parties as a witness (section 80). The parties shall not rely on or introduce as evidence in arbitral or judicial proceedings, whether or not they relate to the same dispute, the other party's views or suggestions, admissions, the conciliator's proposals, or the fact that the other party was willing to accept a proposal (section 81). An award made in violation of section 81 (or section 75) is named in the public policy Explanations to sections 34, 48 and 57.
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. The Mediation Act has its own provisions on admissibility and on the mediator's role; see our articles on section 23 of the Mediation Act, 2023 and sections 15 to 17.
Where these sections fit
Sections 80 and 81 close Part III. They deal with what happens after, or beside, the conciliation: who the conciliator may be in later proceedings, and what the parties may bring into those proceedings. They work with section 75 on confidentiality; see our article on section 75. If you are weighing what to say in conciliation and what might surface later in a dispute, our legal dispute resolution team can advise.
Section 80: role of the conciliator in other proceedings
Section 80 begins "Unless otherwise agreed by the parties," and then lists two restrictions.
| Clause | Restriction on the conciliator |
|---|---|
| (a) | Shall not act as an arbitrator or as a representative or counsel of a party in any arbitral or judicial proceeding in respect of a dispute that is the subject of the conciliation proceedings |
| (b) | Shall not be presented by the parties as a witness in any arbitral or judicial proceedings |
Reading section 80
- The opening words let the parties agree otherwise. Both clauses sit under "Unless otherwise agreed by the parties". The text consulted does not say how or in what form that agreement is made.
- Clause (a) is tied to the same dispute. The bar on acting as arbitrator, representative or counsel applies to proceedings "in respect of a dispute that is the subject of the conciliation proceedings".
- Clause (b) is broader in words. The witness bar is expressed for "any arbitral or judicial proceedings", without repeating the words about the same dispute. We state it as printed.
- Clause (b) restrains the parties: it is the parties who must not present the conciliator as a witness.
For comparison, the Mediation Act, 2023, in the article linked above, has its own rule that a mediator is not to act as arbitrator, counsel or witness; the same commencement caveat applies.
Section 81: admissibility of evidence in other proceedings
The parties shall not rely on or introduce as evidence in arbitral or judicial proceedings, whether or not such proceedings relate to the dispute that is the subject of the conciliation proceedings:
| Clause | What cannot be relied on or introduced |
|---|---|
| (a) | Views expressed or suggestions made by the other party in respect of a possible settlement of the dispute |
| (b) | Admissions made by the other party in the course of the conciliation proceedings |
| (c) | Proposals made by the conciliator |
| (d) | The fact that the other party had indicated his willingness to accept a proposal for settlement made by the conciliator |
Reading section 81
- It binds the parties. The words are "The parties shall not rely on or introduce as evidence".
- It covers "arbitral or judicial proceedings", related or not. The phrase "whether or not such proceedings relate to the dispute that is the subject of the conciliation proceedings" extends the bar beyond the same dispute.
- Clauses (a), (b) and (d) are about "the other party". They protect a party against its own statements, admissions and willingness being used by the opponent. Clause (c) is about the conciliator's proposals, with no reference to a party.
- The section is about reliance as evidence. It does not itself state what happens in conciliation or what the other party may do with the material in another way. The text consulted gives no further elaboration.
How sections 75, 80 and 81 divide the ground
| Provision | Covers | Directed at |
|---|---|---|
| Section 75 | Confidentiality of all matters relating to the conciliation, including the settlement agreement (with an exception) | The conciliator and the parties |
| Section 80 | The conciliator as arbitrator, representative, counsel or witness | The conciliator, and the parties as to witnesses |
| Section 81 | Four kinds of material not to be relied on as evidence | The parties |
Where section 81 is named in the Act
Explanation 1 to section 34(2)(b), to section 48(2) and to section 57(1) each says 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". The footnotes show these Explanations as substituted by Act 3 of 2016 (w.e.f. 23-10-2015). See our post on section 34 for the set-aside route. The text consulted does not describe how an award could be made in violation of section 81, and nothing is said here beyond the printed words.
Section 62(2) and the start of the bar
Sections 80 and 81 refer to "the conciliation proceedings", which commence under section 62(2) when the other party accepts the invitation in writing. See our article on sections 61 and 62.
An illustration
Nambiar Logistics and Pillai Traders have been through conciliation without a settlement. In the later arbitration, Nambiar's counsel wants to read out an admission Pillai made during a conciliation meeting and a figure the conciliator proposed. Under section 81(b) and (c) neither can be relied on or introduced as evidence. Nambiar also hopes to call the conciliator as a witness; section 80(b) says the parties shall not present the conciliator as a witness, unless otherwise agreed by the parties. Names and facts are invented.
Need help with a dispute that follows conciliation?
Sections 80 and 81 shape how you build the next stage of a dispute after conciliation has failed or has been left. Our legal dispute resolution team can help you separate what you may rely on from what you may not, and plan the arbitration or court case accordingly.
Key takeaways
- Unless the parties agree otherwise, the conciliator cannot act as arbitrator, representative or counsel in proceedings on the same dispute (section 80(a)).
- The parties cannot present the conciliator as a witness in any arbitral or judicial proceedings (section 80(b)).
- Four kinds of conciliation material cannot be relied on or introduced as evidence: views and suggestions, admissions, conciliator's proposals, and willingness to accept a proposal (section 81).
- Section 81 applies whether or not the later proceedings relate to the conciliated dispute.
- "In violation of section 75 or section 81" is named in the Explanations to sections 34(2)(b), 48(2) and 57(1).
- The Mediation Act, 2023 provides for replacement of sections 61 to 81; commencement by notification, date not in the sources consulted.
Read next
- Section 75: confidentiality of conciliation proceedings
- Sections 76 and 77: termination of conciliation and resort to arbitral or judicial proceedings
- Sections 82 to 84: rules by High Court, removal of difficulties and central rules
- Challenge to arbitral award under section 34
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.