Skip to content

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

A statutory scheme created by a delegated instrument having force of law prescribes that mediation under it may continue indefinitely. The parties to a dispute choose to mediate under the Mediation Act, 2023, and the scheme's enactment is not in the Second Schedule. Which statement is correct?

Section 55(1) gives the Act overriding effect over inconsistent provisions in any other law and any instrument having force of law, unless covered by the Second Schedule. Therefore the Act's provisions on conduct of mediation apply instead of the instrument's open-ended continuation.

  1. AThe instrument prevails because only Acts of Parliament can be overridden
  2. BThe Act's overriding effect extends to any instrument having force of law, so the Act's provisions apply to the conduct of mediationCorrect
  3. CSection 55 applies only to other enactments, never to instruments
  4. DThe instrument prevails if it was issued before the Act commenced

Explanation

Section 55(1) overrides inconsistent provisions in any other law in force and any instrument having force of law, subject to the Second Schedule. Hence the Act's 120-day limit governs, not indefinite continuation.

Did you get it right without looking?

One question tells you little. A timed set on International and Emerging Aspects under Mediation Law shows your real accuracy, how long you take and where you lose marks.

Practise International and Emerging Aspects under Mediation LawFree diagnostic mock

More International and Emerging Aspects under Mediation Law questions