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

Mehta Textiles Pvt Ltd (Surat) and Orion Fabrics Ltd, a company with its place of business in Dubai, have a commercial dispute under an Indian-law contract. They agree to proceed with mediation by video conference. Which statement is correct under the Mediation Act, 2023?

Online mediation needs the parties' written consent and must preserve integrity and confidentiality. Because Orion Fabrics has its place of business outside India and the dispute is commercial under Indian law, the mediation qualifies as international mediation under section 3(g).

  1. AOnline mediation is possible only before a suit is filed, never at later stages
  2. BOnline mediation needs the written consent of the parties and the mediator must ensure integrity of proceedings and confidentiality; this mediation would qualify as international mediationCorrect
  3. COnline mediation is barred for international mediation
  4. DOnline mediation needs no consent as the mediator can decide unilaterally, and the matter is domestic because the contract is under Indian law

Explanation

Section 30 allows online mediation, including pre-litigation, at any stage with the parties' written consent, with integrity and confidentiality maintained. Under section 3(g), a commercial dispute where a body corporate has its place of business outside India makes it international mediation, even under Indian law.

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