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CS Professional · Arbitration, Mediation and Conciliation · Various Modes and Scope of Mediation including Role of Mediation in other ADR Domains

Arvind Exports Ltd and Bharat Components Ltd mediated a dispute under the Mediation Act, 2023, with Mr. Rao as mediator. Mediation failed. Arvind now wants to appoint Mr. Rao as sole arbitrator for the same dispute, since he knows the facts. What is the legal position under the Act?

Mr. Rao cannot be appointed. Section 17(a) prohibits a mediator from acting as arbitrator, or as representative or counsel of a party, in arbitral or judicial proceedings on the dispute that was the subject of the mediation. The Act makes no exception for consent.

  1. APermitted, if both parties consent in writing
  2. BPermitted, if the arbitration is institutional
  3. CPermitted, only when the mediation lasted less than 90 days
  4. DNot permitted, as a mediator shall not act as an arbitrator in respect of the dispute that was the subject of mediationCorrect

Explanation

Section 17(a) bars a mediator from acting as arbitrator, or as representative or counsel of a party, in any arbitral or judicial proceeding on the dispute that was the subject matter of the mediation. The text carries no exception for consent, institutional arbitration or duration, so those options are wrong.

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