CS Executive · Jurisprudence, Interpretation and General Laws · Law relating to Arbitration, Mediation and Conciliation
Under the Mediation Act, 2023, a party wishes to challenge a mediated settlement agreement. Which of the following is a permitted ground of challenge?
Fraud is a permitted ground. Section 28(2) of the Mediation Act, 2023 allows a mediated settlement agreement to be challenged only on fraud, corruption, impersonation, or mediation of disputes unfit for mediation. Unfavourable terms or a change of mind are not grounds.
- AThe settlement terms are commercially unfavourable to the applicant
- BFraud in the making of the mediated settlement agreementCorrect
- CThe mediator was not a lawyer
- DThe applicant changed his mind after signing
Explanation
Section 28(2) of the Mediation Act, 2023 limits challenges to fraud, corruption, impersonation, or mediation in disputes not fit for mediation under section 6. Unfavourable terms, the mediator's profession and a change of mind are not listed grounds.
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