Framework And Feasibility Of Cross-Border Mediation In India Under The Singapore Convention
- IJLLR Journal
- Apr 29
- 1 min read
Abhilasha Mazumder, Jindal Global Law School
ABSTRACT
International commercial conflicts have grown at an enormous rate alongside the globalization of trade and investment, and it has put a strain on the conventional litigation and arbitration processes to provide efficient, economical, and relationship-conscious results. This paper discusses the structure and viability of cross border mediation in India with reference to the Singapore Convention. It examines the current regime of mediation in India, comprising statutory and judicial practices and recent legislation, and judges how the package is working in harmony with the provisions of the Convention. Based on the study of doctrines and the comparison with other jurisdictions, the article finds legal, institutional, and practical issues that can hinder positive implementation in India. It claims that though India is turning out to be very serious in its policy framework on mediation especially in commercial mediation, the lack of an effective mechanism of enforcing international settlements that are mediated still makes India ineffective in the cross-border. The paper concludes that the effective domestic implementation of the Singapore Convention, optioned by its ratification, along with legislative, judicial, and institutional reforms, would greatly empower the India mediation system, improve the ease of doing business, and turn India into a reputable venue in its international commercial dispute settlements.
