Tag Archives: mediation

consumer protection mediation

Ministry of Consumer Affairs has notified the Consumer Protection (Mediation) Rules, 2020 on 15th July, 2020.


Mediation has been provided for in section 74 of the Consumer Protection Act, 2019. There will be a Mediation Cell in each District Commission and State Commission. Each Mediation Cell shall have a panel of mediators who shall be appointed on the recommendations of a selection committee comprising of the President and member of that commission. Each mediation cell shall have support staff and administrative assistance. 


What matters cannot be referred to mediation is specified. These are

(a) the matters relating to proceedings in respect of medical negligence resulting in grievous injury or death; 

(b) matters which relate to defaults or offences for which applications for compounding of offences have been made by one or more parties; 

(c) cases involving serious and specific allegations of fraud, fabrication of documents, forgery, impersonation, coercion; 

(d) cases relating to prosecution for criminal and non-compoundable offences; 

(e) cases which involve public interest or the interest of numerous persons who are not parties before the Commission: 

Even outside these specified cases, the Commission can decide to not to refer such cases to mediation, if it appears to the Commission that any settlement is impossible to obtain in a particular case or that mediation is not the appropriate remedy considering the circumstances of the case concerned. 

In case settlement is reached at pursuant to mediation, then the parties shall be entitled to receive refund of their full application fees in respect of that complaint. 

While the mediation is in progress the parties have no power to resort to arbitral or judicial proceedings to decide the same case. 

Any settlement arrived at shall not be discharged upon the death of any of the parties. It shall be carried forward and enforced against the heirs and successors therein. 

Copy of the notification can be found https://consumeraffairs.nic.in/acts-and-rules/consumer-protection

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Arbitration

Draft Arbitration Council of India (ACI) Rules issued for public consultation

Posted On: 12 FEB 2020 1:32PM by PIB Delhi

The Arbitration and Conciliation Act, 1996, was amended by the Arbitration and Conciliation (Amendment) Act, 2015 in order to make arbitration process user friendly, cost effective and ensure speedy disposal and neutrality of arbitrators. To give a boost to institutional, arbitration vis-a-vis ad hoc arbitration and to remove some practical difficulties in applicability of the Arbitration and Conciliation (Amendment) Act, 2015, the Government has recently amended the Arbitration and Conciliation Act, 1996 by the Arbitration and Conciliation (Amendment) Act 2019. Certain provisions of the Amendment Act have been enforced w.e.f 30.08.2019.

The Amendment Act inter-alia seeks to insert a new Part 1A to the Act of 1996 for the establishment and incorporation of an independent body namely, the Arbitration Council of India (ACI) for the purpose of grading of arbitral institutions and accreditation of arbitrators, etc.

As per section 43C of the Act, ACI will be will be headed by a Chairperson, who has been a Judge of the Supreme Court or a Chief Justice or Judge of a High Court or an eminent person, having special knowledge and experience in the conduct or administration of arbitration, to be appointed by the Central Government in consultation with the Chief Justice of India. Besides, it will also have two Full-time Members from amongst eminent arbitration practitioners and academicians. In addition, one representative of a recognized body of commerce and industry shall be nominated on rotational basis as a Part-time Member. The Secretary, Department of Legal Affairs, Ministry of Law & Justice; Secretary, Department of Expenditure, Ministry of Finance and Chief Executive Officer, ACI will be ex-officio Members.

Section 43M of the Act provides for the Secretariat to the Council consisting of such number of officers and employees as may be prescribed by the Central Government.

In this regard, the Department of Legal Affairs has prepared the following draft Rules:

 

  1. The Arbitration Council of India (the Salary, Allowances and other Terms and Conditions of Chairperson and Members) Rules, 2020.
  2. The Arbitration Council of India (the Travelling and other Allowances payable to Part-time Member) Rules, 2020.
  3. The Arbitration Council of India (the Qualifications, Appointment and other Terms and Conditions of the service of the Chief Executive Officer) Rules 2020.
  4. The Arbitration Council of India (the Number of Officers and Employees of the Secretariat of the Council and the qualifications, appointment and other terms and conditions of the officers and employees of the Council) Rules 2020.

 

The Government intends to consult all stakeholders in the process. A copy of the aforesaid draft Rules have been uploaded on the website of the department of Legal Affairs (http://legalaffairs.gov.in/). Accordingly, DoLA has commenced public consultation on the draft rules with the timeline of submission of comments by 14th March, 2020.

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