Mediation Dreams, Legislative Realities: Analysing the Mediation Bill, 2023

[Akarshi Narain and Gayatri Kondapalli are 3rd-year B.A., LL.B. (Hons.) students at NALSAR University of Law, Hyderabad] Mediation, as a mode of alternative dispute resolution, has increasingly been gaining traction in the international sphere. The Singapore Convention on Mediation, adopted in 2018, envisages cross-border enforcement of settlement agreements similar to that of arbitral awards...

Harmonious Dispute Resolution: Unveiling India’s Mediation Bill 2023

[Esha Rathi is a final year B.B.A. LL.B. (Hons.) student at Jindal Global Law School.] In a significant leap towards modernizing the legal framework and expediting the resolution of civil and commercial disputes, the Rajya Sabha recently passed the Mediation Bill 2023. This pioneering legislation marks a crucial shift, elevating mediation as the primary avenue for dispute resolution, prior to...

Supreme Court on Mandatory Pre-Litigation Mediation in Commercial Court Cases

Mediation has gained significant momentum as a means of alternative dispute resolution, both within India and globally. This is particularly so in disputes involving corporate and commercial issues. In this background, an important question arose before the Supreme Court of India on whether pre-litigation mediation is mandatory under section 12A of the Commercial Courts Act, 2015. In Patil...

Emerging Dispute Resolution Solutions

[Pramod Rao is Group General Counsel, ICICI Bank. This post represents his personal views] Resolving disputes civilly among individuals, or among individuals and enterprises, is a hallmark of a civilized society. Adoption of uniform, standard procedures and processes for dispute resolution provides the required confidence to citizenry, consumers and commercial enterprises that contracts and...

Enforcement of International Commercial Mediated Settlement Agreements

[Mayanka Dhawan is a Delhi-based Advocate and has an LLM from University College London] The advent of globalization has manifested in manifold increase in cross-border business, which has prompted commercial disputes to take new dimensions, including foreign disputants and multinational corporations. In resolving such disputes, the usual litigation did not turn out to be the preferred choice for...

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