Mandatory Pre-litigation Mediation for Commercial Contract—A Godsend or a Curse?

Authors

  • Monika Jain Bar Council of India, New Delhi, India

Keywords:

Commercial court act, commercial disputes, mediation, pre-litigation, resolution

Abstract

This paper explores the concept of pre-litigation as a solution for dropping pendency in the commercial court system. In India, the Commercial Court Act identifies the problems afflicting pre-litigation mediation in commercial court disputes. Business communications are created through shared possibilities. When the money-making arguments go for clearance, they consume a substantial amount of time. It will provide an opportunity for the parties to resolve the commercial disputes outside the territory of the courts.

Author Biography

Monika Jain, Bar Council of India, New Delhi, India

Dr. Monika Jain

Senior Advocate

Bar Council of India, New Delhi, India

References

Sol è ne Rowan. The New French Law of Contract, LSE Research.

Law Commission of India. Report on proposals for Constitution of hi-tech fast-track commercial divisions in high courts. Report No.188, 10, 12 (December, 2003).

Commercial Courts Act, 2015. Section 12A.

Commercial Courts Act, 2015. Section 6.

Sriram Panchu. Mediation Practice & Law: The Path to Successful Dispute Resolution. 2nd edn. Lexis Nexis; 2015. 321.

Section 89 of the Code of Civil Procedure, 1908.

Commercial Courts Act 2015, Section 12A.

Prashant Reddy T et al. Open courts in the digital age: A prescription for an open data policy. Vidhi Centre for Legal Policy; Nov 2019.

Patil Automation Private Limited & Ors. vs. Rakheja Engineers Private Limited 2022 SCC Online SC 1028.

International Council of Commercial Arbitration. New York City Bar Association and International Institute for Conflict Prevention and Resolution. Protocol on Cyber Security in International Arbitration. (2020).

RB Ferguson. Adjudication of commercial disputes and the legal system in modern England. British Journal of Law and Society. 1980; 7(2): 141.

Para 25, Shahi Exports Pvt. Ltd vs. Gold Star Line Limited, Judgment dated 17 August 2021 passed by The Honourable Dr. Justice G. Jayachandran in A.No.35 of 2021 in C.S.No.669 of 2019.

Leah Wing. Ethical principles for online dispute resolution: A GPS device for the field. International Journal on Online Dispute Resolution. 2016; 3(1): 12–29. 14. Patil Automation Private Limited & Ors. vs. Rakheja Engineers Private Limited, 2022 SCC Online SC 1028.

Shweta Sahu. UAE judgements find their way to execution in India. (Lexis PSL, February 2020).

Section 12A of the Commercial Court Act. 17. Bolt Technology, OU vs. Ujoy Technology Private Limited and Another 2022 SCC Online Del 2639.

Indulekha Aravind. Online dispute resolution is beginning to find takers in India’. Economic Times, 12 January 2020.

Jahnavi Sindhu. Public Policy and Indian Arbitration: Can the judiciary and legislature rein in the Unruly Horse? The International Journal of Arbitration, Mediation and Dispute Management.2017; 83(2).

BN Srikrishna, Ashok Barat. ‘VIEW: Resolving Commercial Disputes during Coronavirus (CNBC TV 18, 24 April 2020).

Commercial Court Amendment Act, 2018.

NITI Aayog. Catalyzing online dispute resolution in India. 12 June 2020.

Indian Institute of Corporate Affairs. Be a Commercial, Consumer and Financial Mediator’ 8 October 2020.

Andrew Godwin, Ian Ramsay, Miranda Webster. International commercial courts: The Singapore experience. Melbourne Journal of International Law. 2017; 18(2): 219–259.

Bankruptcy Law Reforms Committee. The report of the Bankruptcy Law Reforms Committee Volume I: Rationale and Design’ (Insolvency and Bankruptcy Board of India, November 2015.

Published

2023-01-16

How to Cite

Jain, M. (2023). Mandatory Pre-litigation Mediation for Commercial Contract—A Godsend or a Curse?. Journal of Banking and Insurance Law, 5(1), 43–46. Retrieved from https://lawjournals.celnet.in/index.php/jbil/article/view/1139