NISHITH.TV
  • Mumbai
  • Silicon Valley
  • Bengaluru
  • Singapore
  • Mumbai BKC
  • New Delhi
  • New York

Locations

  • Mumbai
  • Silicon Valley
  • Bengaluru
  • Singapore
  • Mumbai BKC
  • New Delhi
  • New York
  • Content
  • Home
  • ABOUT US
  • NDA in the Media
  • Areas of Service
  • Research and Articles
  • Opportunities
  • Contact
  • NDACloud
  • Client Access
  • Member Access
  • Events and Calendar
  • How we perform
  • Knowledge anywhere, anytime
  • See our recent deals
  • Transactional insights unlocked
  • Up to date legal developments
  • Case studies in M&A

Research and Articles

HTMLPDF

  • Think Tanks
  • Research at NDA
  • Research Papers
  • Research Articles
  • Policy Papers
  • Hotline
  • Imaginarium Ali Gunjan (Global Research Campus)
  • Japan Desk ジャパンデスク

Hotline


  • Capital Markets Hotline
  • Companies Act Series
  • Climate Change Related Legal Issues
  • Competition Law Hotline
  • Corpsec Hotline
  • Court Corner
  • Cross Examination
  • Deal Destination
  • Debt Funding in India Series
  • Dispute Resolution Hotline
  • Education Sector Hotline
  • FEMA Hotline
  • Financial Service Update
  • Food & Beverages Hotline
  • Funds Hotline
  • Gaming Law Wrap
  • GIFT City Express
  • Green Hotline
  • HR Law Hotline
  • iCe Hotline
  • Insolvency and Bankruptcy Hotline
  • International Trade Hotlines
  • Investment Funds: Monthly Digest
  • IP Hotline
  • IP Lab
  • Legal Update
  • Lit Corner
  • M&A Disputes Series
  • M&A Hotline
  • M&A Interactive
  • Media Hotline
  • New Publication
  • Other Hotline
  • Pharma & Healthcare Update
  • Press Release
  • Private Client Wrap
  • Private Debt Hotline
  • Private Equity Corner
  • Real Estate Update
  • Realty Check
  • Regulatory Digest
  • Regulatory Hotline
  • Renewable Corner
  • SEZ Hotline
  • Social Sector Hotline
  • Tax Hotline
  • Technology & Tax Series
  • Technology Law Analysis
  • Telecom Hotline
  • The Startups Series
  • White Collar and Investigations Practice
  • Yes, Governance Matters.
  • Japan Desk ジャパンデスク

Dispute Resolution Hotline

August 2, 2019

Mediated settlements: the next realm of dispute resolution in India


  • Union Cabinet approves ratification by India of the Singapore Convention
  • Global framework being put in place for the enforceability of mediated settlements
  • Likely to provide a significant impetus to mediated settlements and their enforceability in India

INTRODUCTION

On July 31, 2019, the Union Cabinet, chaired by Prime Minister Narendra Modi, approved the signing of the United Nations Convention on International Settlement Agreements Resulting from Mediation (popularly referred to as the “Singapore Convention”) by the Republic of India. This is scheduled to be held at Singapore on August 07, 2019, or thereafter at the United Nations Headquarters. This is a landmark decision and puts the future of mediation and mediated settlements in India on a strong pedestal.

WHAT IS MEDIATION?

Mediation1 is an interactive process where a neutral third party assists disputing parties in resolving conflict through the use of specialized communication and negotiation techniques. Mediation is focused upon the needs, rights, and interests of the parties. Mediation is voluntary and non-binding. Mediation is not an adversarial process. Rather, a mediator is facilitative.

THE SINGAPORE CONVENTION

The Singapore Convention aims to provide a global framework for the enforcement of mediated settlement in international commercial disputes arising from mediation. Putting it simply, it aims to do for international mediation what the New York Convention did for international arbitration. Upon its ratification and coming into effect, the Singapore Convention is expected to provide impetus to mediation as a method of resolving commercial disputes.

The treaty comes into effect six months after the ratification of 3 countries. Thus far, about 25 countries, including the United States of America and China, have indicated their willingness to sign and ratify the Singapore Convention. This demonstrates the widespread acceptance of the need of the treaty. It is truly the need of the hour.

INITIATIVES TO PROMOTE ADR MECHANISMS

The Government of India has been proactively taking steps to improve the ease of doing business in India. Improvement in the ability to resolve disputes is an important step in this. To this end, several steps have already been taken with many more in the pipeline. Amongst them (i) the Government is establishing the New Delhi International Arbitration Centre (NDIAC) as a statutory body; (ii) The Commercial Courts Act, 2015, has been further amended; and (iii) further amendments the Arbitration and Conciliation Act, 1996, are currently underway (the efficacy of which are quite debateable).

Each of these initiatives are designed with a view to resolve disputes utilizing alternative dispute resolution mechanisms instead of the traditional court system, which is overloaded and where delays abound.

MEDIATION IN INDIA

While informal mediation in India is prevalent since time immemorial, Indian law does not, till date, recognize a settlement arrived at in mediation proceedings. It is for this reason that most parties prefer to have a mediated settlement recorded as a consent decree or award. This grants it enforceability.

For India, signing of the Singapore Convention is expected to boost the confidence of investors and also provide a positive signal to foreign investors about India's commitment to adhere to international practice on alternative dispute resolution.

Even though mediation is extremely useful and is an excellent dispute resolution mechanism, the fact that it is non-binding (and consequently dependent on the volition of the disputing parties) makes it vulnerable to misuse. In that sense, this decision by the Union Cabinet is likely to encourage the adoption of tiered dispute resolution clauses, first providing for mediation and then proving for arbitration. The upside of a dispute quickly resolved by mediation is too alluring to not consider. Once can also expect the Government to roll out a detailed framework within which mediation in India and mediated settlements will operate.

 
Sahil Kanuga

1 See https://en.wikipedia.org/wiki/Mediation

Mission and Vision


Distinctly Different

What's New


Corporate Social Responsibility Gets a Makeover with Blended Finance and Outcome Based Funding
Yes, Governance Matters.: May 06,2025
EU data watchdog blocks EIB data transfer to India, citing privacy concerns
Quotes : May 06,2025

Events


Webinars

SIAC 2025 Rules: Key changes & Implications
February 18,2025 - February 18,2025

This event is over. For event material please click here


Seminar

Guided Meditations by Dr. Deepak Chopra
December 14,2024 - December 14,2024

This event is over. For event material please click here


Round Table

Investing In Net Zero
July 22,2022 - July 22,2022

This event is over. For event material please click here

News Roundup


News Articles

2025 Watchlist: Life Sciences Sector India
April 04,2025

Quotes

EU data watchdog blocks EIB data transfer to India, citing privacy concerns
May 06,2025

Newsletters


Yes, Governance Matters.

Corporate Social Responsibility Gets a Makeover with Blended Finance and Outcome Based Funding
May 06,2025

Technology Law Analysis

Indian regulatory environment & judicial proactiveness in tackling child sexual abuse content
April 28,2025

New Publication

India’s Oil & Gas Sector– at a Glance
April 21,2025

  • Disclaimer
  • Content
  • Feedback
  • Walkthrough
  • Subscribe
Nishith Desai Associates@2016 All rights reserved.