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CS Professional · Arbitration, Mediation and Conciliation · Mediation: An Introduction and its Process along with Rules

Nandini Pharma (Hyderabad) and Rao Distributors (Jaipur) agree to mediate online. The mediator facilitates a settlement from a third state. Later Nandini wants to register the mediated settlement agreement and Rao wants to challenge it. Under the Mediation Act, 2023, how is the place of mediation treated for these purposes?

The mediation is deemed to have been undertaken within the territorial jurisdiction of the court or tribunal of competent jurisdiction. The Explanation to Section 13 provides this for enforcement, challenge and registration when parties agree to online mediation, so the mediator's or server's location does not matter.

  1. ADeemed undertaken within the territorial jurisdiction of the court or tribunal of competent jurisdictionCorrect
  2. BTreated as undertaken where the mediator was located
  3. CTreated as undertaken outside India, so registration is barred
  4. DTreated as undertaken where the server hosting the session is located

Explanation

The Explanation to Section 13 says that where parties agree to mediate outside the territorial jurisdiction or online, the mediation is deemed undertaken within the jurisdiction of the competent court or tribunal for enforcement, challenge and registration of the settlement agreement. Mediator or server location is irrelevant.

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