Commercial Mediation, Dispute Resolution, India, Legislation, Mandatory mediation, Opt-Out, Promoting Mediation
Mandatory Pre-Institution Commercial Mediation In India: Premature Step In The Right Direction?
The Indian parliament passed the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts (Amendment) Bill, 2018 (“Bill”) on 10 August, 2018. In a potentially significant development, section 12A of the Bill stipulates mandatory pre-institution mediation i.e. the plaintiff is mandatorily required to exhaust the remedy of mediation prior to filing a suit…