Territorial jurisdiction for pre-institution mediation under the Commercial Courts Act, 2015

Pre-institution mediation under Section 12A of The Commercial Courts Act, 2015 has become a critical procedural step in resolving commercial disputes in India. Since its enactment, courts have extensively analyzed and clarified the mandatory nature of this provision, with particular emphasis on the jurisdiction in which mediation must be initiated.

In this detailed article, Kabir Dixit (Counsel), Sanya Dua (Senior Associate), and Vasudha B. (Associate) examine the legal framework governing the jurisdictional requirements for conducting pre-institution mediation. The authors highlight the practical implications of choosing the correct jurisdiction, which can significantly influence enforceability, legal strategy, and convenience for all parties involved.

Read the full article here to understand how jurisdictional considerations shape mediation outcomes and impact the enforceability of mediated settlements in commercial disputes.