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CS Professional · Arbitration, Mediation and Conciliation · Mediation: An Introduction and its Process along with Rules

A court-annexed mediation between Deccan Steel and a supplier was pending when regulations under Section 15(1) were notified. Rules governing court-annexed mediation had been in force earlier. Which statement best reflects Section 57 and Section 15(1)?

The earlier rules on court-annexed mediation continue until regulations under Section 15(1) are made, and by the proviso they keep applying to court-annexed mediations already pending when those regulations come into force. So the pending case stays under the old rules.

  1. ARegulations under Section 15(1) apply immediately even to the pending case, replacing the old rules
  2. BOld rules continue until regulations under Section 15(1) are made, and also continue for court-annexed mediations pending when the regulations come into forceCorrect
  3. COld rules lapse on the Act's commencement for all mediations
  4. DOld rules apply only to mediations commenced after the regulations

Explanation

Section 57 keeps the existing court-annexed rules until regulations under Section 15(1) are made, and its proviso continues them for court-annexed mediations pending on the date the regulations come into force. Hence the pending Deccan Steel mediation stays under the old rules.

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