Pre-Institution Mediation Archives

Allahabad HC: No relief to Jamp India, VS International over copyright infringement of Jubilant Generic’s Product Dossiers

“Once copyright infringement is the core relief, incidental or ancillary reliefs, whether based on confidentiality, trade secrets, or passing off, do not affect maintainability of the suit as a whole.”

Case Briefs High Courts

‘Indispensable provision cannot be kept aside on whims and fancies’; Delhi High Court holds pre-institution mediation mandatory in commercial suits

‘Section 12-A of the Commercial Courts Act aims and visualizes a situation where there may not be an institution of any fresh case, once the matter is settled through pre-institution mediation.’

Case Briefs Supreme Court

[Pre-Institution Mediation] Supreme Court rejects an ‘absolute and unfettered right’ interpretation of S. 12A of Commercial Court Act

Camouflage and guise to bypass the statutory mandate of pre-litigation mediation should be checked when deception and falsity is apparent or established.

Op Eds OP. ED.

Mandatory Pre-Institution Mediation — Effective Remedy to Declog Courts in India

by Abhijnan Jha* and Urvashi Misra**