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

Patel Textiles Ltd. and Rao Dyes Pvt. Ltd. signed a mediated settlement agreement in India. Rao Dyes' company secretary asks which Council function relates to keeping a central record of such agreements. Which is correct under Section 38?

The Council must maintain an electronic depository of mediated settlement agreements made in India and related records, in the specified manner. This is its duty under Section 38(n). The section imposes no duty to destroy agreements, hand them to courts, or advertise party names.

  1. AThe Council must destroy such agreements after one year to protect confidentiality
  2. BThe Council must hold the original agreements in court custody
  3. CThe Council must maintain an electronic depository of mediated settlement agreements made in India and related records, in the specified mannerCorrect
  4. DThe Council must only publish the names of parties in a newspaper

Explanation

Section 38(n) requires the Council to maintain an electronic depository of mediated settlement agreements made in India, and other related records, in the manner specified. The other options describe duties that the Section does not impose.

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