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ARTICLE · 16 NOVEMBER 2021

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Mediation Under The Commercial Courts Act, 2015: The Legislative Intent And The Interpretation Conundrum

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In recent years, there has been an attempt on part of the legislature to provide impetus to other forms of dispute resolution methods including mediation.

IndiaLitigation, Mediation & Arbitration
Chakrapani Misra
Chakrapani Misra
Yuvraj Choksy
Yuvraj Choksy
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1. In recent years, there has been an attempt on part of the legislature to provide impetus to other forms of dispute resolution methods including mediation. In 2018,  chapter IIIA was introduced in the Commercial Courts Act, 2015 ("Act") which introduced section 12A ("12A") mandating pre institution mediation in case of a commercial suit of specified value, which does not contain any application for urgent interim relief. However this section has been a subject matter of debate as to whether the same is mandatory or only directory in nature.

2. This article contains an analysis of a recent Bombay High Court judgement, the approach taken by some of the High Courts and certain recent developments in this area.

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