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

Meridian Textiles Ltd, Surat and Kaveri Dyes Pvt Ltd, Chennai agreed to mediation under the Mediation Act, 2023. Meridian argues that a procedural rule in an unrelated central law, which is inconsistent with the Act, should govern the conduct of the mediation. Which view reflects Section 55?

The Mediation Act, 2023 overrides inconsistent provisions of other laws and instruments having force of law for the conduct of mediation or conciliation, but this is subject to the enactments in the Second Schedule. So the Act is not absolute.

  1. AThe Mediation Act prevails for conduct of mediation over inconsistent provisions of other laws, subject to the enactments listed in the Second ScheduleCorrect
  2. BThe other law prevails because it is older and more specific
  3. CThe parties must choose by vote which law governs the mediation
  4. DThe Mediation Act prevails without any exception whatsoever, even over Second Schedule enactments

Explanation

Section 55(1) gives the Act overriding effect for conduct of mediation or conciliation notwithstanding inconsistent provisions in other laws, but it is subject to the enactments mentioned in the Second Schedule. The last option is wrong because it ignores that exception.

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