Feature Details

Applicable legislation

MediateWay ADR Centre must comply with all applicable laws and regulations to ensure the legality and enforceability of its proceedings. It should also adhere to best practices for online dispute resolution, including data privacy and security.

The following legislations are likely applicable:

1. The Arbitration and Conciliation Act, 1996:Department of Legal Affairs ​

  • This is the primary legislation governing arbitration and conciliation in India.
  • Since MediateWay ADR Centre facilitates arbitration, this act would be central to its operations, defining the procedures, powers, and enforceability of arbitral awards.
  • The Act's provisions regarding interim measures (Section 17) are directly relevant to the application for freezing bank accounts and restraining asset transfers. 

2.  The Mediation Act, 2023:Department of Legal Affairs​

·         Enacted to promote and facilitate mediation, this Act provides a comprehensive framework for the conduct of mediation in India.

·         It emphasizes institutional mediation, enforcement of mediated settlement agreements, and encourages community and online mediation as cost-effective processes.

·          The Act also establishes a body for the registration of mediators. 

3. The Information Technology Act, 2000:Department of Legal Affairs ​

  • As MediateWay ADR Centre operates online, this act is crucial for regulating electronic records, digital signatures, and online transactions.
  • It ensures the legal validity of online proceedings, documents, and communication.
  • It also addresses data protection and cybersecurity concerns.

3. The Indian Contract Act, 1872:Department of Legal Affairs ​

  • Disputes often arise from contractual obligations.
  • This act governs the formation, validity, and enforcement of contracts, which are frequently the subject of ADR. 

4. The Code of Civil Procedure, 1908:Department of Legal Affairs ​

  • Although ADR is designed to be an alternative to court proceedings, certain provisions of the CPC may apply, particularly regarding interim measures and the enforcement of arbitral awards.
  • Especially when the court is asked to enforce an arbitral award.

5. The Consumer Protection Act, 2019:Department of Legal Affairs ​

  • If Mediate Way ADR Centre handles consumer disputes, this act would be relevant, providing consumer protection and dispute resolution mechanisms.

6. Specific State Laws:

  • Depending on the location of the parties and the nature of the dispute, specific state laws may also apply.
  • Since the example given has the location Jodhpur, Rajasthan, the specific state laws of Rajasthan could be applicable.

The Arbitration and Conciliation Act, 1996, and the Information Technology Act, 2000, are likely the most significant pieces of legislation for MediateWay ADR Centre's operations.