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CS Professional · Arbitration, Mediation and Conciliation · International and Emerging Aspects under Mediation Law

A foreign investor and an Indian company want guidance on promoting India as a centre for international mediation. Which of the following is a function the Mediation Council of India is mandated to perform under section 38 of the Mediation Act, 2023?

The Council must maintain an electronic depository of mediated settlement agreements made in India, along with related records. It also promotes domestic and international mediation and recognises institutes and providers, but it does not adjudicate disputes, pass decrees or appoint mediators in every case.

  1. AAdjudicate on the merits of disputes referred to international mediation
  2. BMaintain an electronic depository of mediated settlement agreements made in IndiaCorrect
  3. CPass binding decrees enforcing mediated settlement agreements
  4. DAppoint a mediator for every international mediation on request

Explanation

Section 38(n) requires the Council to maintain an electronic depository of mediated settlement agreements made in India. Section 38(a) and (b) deal with promoting domestic and international mediation and developing India as a robust centre. The Council does not adjudicate or pass decrees; those are not listed among its functions.

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