CS Professional · Arbitration, Mediation and Conciliation · Various Modes and Scope of Mediation including Role of Mediation in other ADR Domains
Under pre-institution mediation at a Legal Services Authority, Orion Logistics and Pinnacle Traders settle their commercial dispute. Which step gives the settlement the status of an arbitral award on agreed terms under Section 12A of the Commercial Courts Act, 2015?
The settlement must be reduced into writing and signed by the parties and the mediator. Section 12A of the Commercial Courts Act, 2015 then gives it the same status and effect as an arbitral award on agreed terms under the Arbitration and Conciliation Act, 1996.
- AIt is reduced into writing and signed by the parties and the mediatorCorrect
- BIt is registered with the Registrar of Companies
- CIt is signed by the mediator alone and filed in the High Court
- DIt is approved by an arbitral tribunal appointed afterwards
Explanation
Section 12A(4) requires the settlement to be reduced into writing and signed by the parties and the mediator. Section 12A(5) then gives it the same status and effect as an arbitral award on agreed terms under section 30(4) of the Arbitration and Conciliation Act, 1996.
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