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

Kaveri Exports Pvt Ltd and a Dubai buyer agree to international mediation by an exchange of emails recording the clause. Under section 4 of the Mediation Act, 2023, what is the position, and what must the agreement refer to for an international mediation?

An exchange of emails satisfies the writing requirement under section 4(3)(b). For international mediation, the agreement must refer to resolution of commercial disputes as referred to in clause (a) of section 3, so it cannot cover matrimonial or other non-commercial matters.

  1. AEmails cannot satisfy the writing requirement; a signed document is compulsory
  2. BEmails suffice as writing, and the agreement must refer to resolution of commercial disputes under clause (a) of section 3Correct
  3. CEmails suffice, and the agreement may cover any dispute including matrimonial matters
  4. DEmails suffice only if a court has first referred the parties to mediation

Explanation

Section 4(3)(b) treats an exchange of communications, including electronic form under the IT Act, 2000, as writing. Section 4(6) says an international mediation agreement refers to resolution of commercial disputes under clause (a) of section 3. Hence a signed document is not compulsory.

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