India recently got its first standalone legislation on mediation as an independent alternative dispute resolution mechanism. However, the Government of India (GoI) promulgated the Mediation Act without incorporating United Nations Convention on International Settlement Agreements Resulting from Mediation, also called the Singapore Convention on Mediation (Singapore Convention) despite criticism of such departure during the consultation stage.
This article discusses the departure and if it was warranted, or whether India missed its host at global recognition and parity in the field of mediation.
Please click here or refer to the below document to read the full article by Dheeraj Nair, Vishrutyi Sahni and Ridhima Sharma, published in Financial Express.
Practicing as a lawyer since 2000 in Indian courts and tribunals. Appeared in twenty High Courts of India and conducted several arbitrations.