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

Ravi Pharma Ltd and a German company hold a mediation agreement under the Mediation Act, 2023. A foreign statute and an older Indian law both contain inconsistent mediation provisions. Pending a Second Schedule exception, which statement best reflects section 55 and the commencement of the Act?

Section 55 gives the Act overriding effect for conduct of mediation or conciliation over inconsistent laws and instruments having force of law, but subject to the enactments in the Second Schedule. The Central Government may amend that Schedule by notification if satisfied it is necessary or expedient.

  1. AThe Act overrides inconsistent provisions of any law in force for conduct of mediation or conciliation, subject to enactments in the Second Schedule, and Central Government may amend that Schedule by notificationCorrect
  2. BThe Act yields to any earlier law dealing with conciliation, without exception
  3. CThe Act overrides only Indian statutes enacted after 2023
  4. DThe Act overrides the Second Schedule enactments and only Parliament can amend the Schedule

Explanation

Section 55(1) gives overriding effect for conduct of mediation or conciliation notwithstanding inconsistent law or instrument having force of law, subject to the Second Schedule enactments. Section 55(2) lets the Central Government amend the Second Schedule by notification. Other options misstate the override or the amending power.

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