Relevant Legislation
The laws that frame arbitration and mediation in India, and how each shapes the way FEAM administers disputes.
The backbone
Core statutes
Two Acts govern FEAM's two verticals — arbitration and mediation.
The Arbitration and Conciliation Act, 1996
Act 26 of 1996 Amended 2015 · 2019 · 2021India's principal arbitration statute, modelled on the UNCITRAL Model Law. It governs the arbitration agreement, the appointment and independence of arbitrators, interim measures, the conduct of proceedings, and the making, enforcement and limited challenge of awards. A further Amendment Bill was released for public consultation in 2024 but has not been enacted.
FEAM arbitrations are seated in India and administered under this Act. The FEAM Rules build on its provisions on the arbitration agreement (s.7), arbitrator independence (s.12 with the Fifth and Seventh Schedules), tribunal-ordered interim measures (s.17), commencement (s.21), the award timeline (s.29A), setting aside (s.34), enforcement as a decree (s.36), confidentiality (s.42A), limitation (s.43) and the Fourth Schedule model fees.
The Mediation Act, 2023
Act 32 of 2023 In force from 9 Oct 2023India's first dedicated mediation statute. It provides a framework for institutional and pre-litigation mediation, the enforcement of domestic mediated settlement agreements, confidentiality and time-bound proceedings, and establishes the Mediation Council of India as the regulator. Its provisions are being brought into force in stages, and the Council is being operationalised.
FEAM mediations are conducted under this Act. A FEAM mediated settlement is binding and enforceable under it; any party may initiate pre-litigation mediation; and FEAM's mediators register with the Mediation Council of India as its requirements are notified.
Supporting framework
Related Indian legislation
Other statutes that channel disputes toward ADR or underpin how FEAM operates.
The Commercial Courts Act, 2015
Section 12AEstablishes commercial courts and, through Section 12A, requires pre-institution mediation for commercial disputes that do not seek urgent interim relief. The Supreme Court has held this requirement mandatory (Patil Automation, 2022; reaffirmed in Dhanbad Fuels, 2025), and a non-compliant plaint is liable to be rejected.
Section 12A makes mediation a gateway to commercial litigation. FEAM mediation gives parties a credible institutional route to satisfy this requirement before filing suit.
The Code of Civil Procedure, 1908
Section 89Empowers courts to refer disputes to arbitration, conciliation, mediation or Lok Adalat where elements of a settlement appear to exist.
Courts may refer pending matters to institutional mediation or arbitration, which FEAM can administer.
The Micro, Small and Medium Enterprises Development Act, 2006
Section 18Provides a statutory route for MSME payment disputes through the Micro and Small Enterprises Facilitation Council, which may itself conduct, or refer parties to, conciliation and arbitration.
FEAM's MSME Fast-Track is built for small-value enterprise disputes — a quick, fixed-fee institutional process that complements this framework.
The Information Technology Act, 2000
Gives legal recognition to electronic records and to electronic and digital signatures.
It underpins FEAM's digital-first model — electronic filing, virtual hearings, and awards bearing digital signatures carry the same legal force as wet-ink documents.
The Limitation Act, 1963
Prescribes limitation periods for civil claims; by virtue of Section 43 of the Arbitration and Conciliation Act, it applies to arbitrations as it does to court proceedings.
The date a matter is commenced with FEAM is the reference point for limitation — which is why the date of commencement is fixed and recorded on filing.
Cross-border
International framework
The instruments that connect Indian ADR to the global enforcement architecture.
UNCITRAL Model Law on International Commercial Arbitration
1985, am. 2006The international template on which the Arbitration and Conciliation Act, 1996 is modelled.
It aligns FEAM's procedures with globally recognised arbitration norms, which matters to cross-border parties.
The New York Convention, 1958
Foreign award enforcementThe principal treaty for the cross-border recognition and enforcement of arbitral awards. India is a party, and Part II of the 1996 Act gives it effect.
A FEAM award may be enforceable in other Convention states, and foreign awards are enforceable in India under this framework.
The Singapore Convention on Mediation, 2019
India: signatory, not yet ratifiedA United Nations treaty for the cross-border enforcement of mediated settlement agreements. India signed it in 2019 but has not yet ratified it.
It signals the direction of international mediation enforcement. For now, FEAM mediated settlements are enforced domestically under the Mediation Act, 2023.
Soft law
Guidelines
Not legislation, but professional standards FEAM applies in practice.
IBA Guidelines on Conflicts of Interest in International Arbitration
Reference standardWidely used guidance from the International Bar Association on arbitrator independence and disclosure, including the well-known "traffic light" lists of circumstances.
The FEAM Rules use these Guidelines as a supplementary reference for arbitrator disclosure, alongside the Fifth Schedule to the Arbitration and Conciliation Act.
Put the framework to work
These laws are the foundation; FEAM's Rules turn them into a clear, administered process.
File a Case →This page is a general overview of the legal framework and reflects the position as understood in 2026; it is not legal advice and does not substitute for the statutes themselves, whose official texts are published on the India Code portal (indiacode.nic.in). FEAM proceedings are governed by the FEAM Institutional Rules. For advice on your dispute, consult a lawyer, or contact the FEAM Registry.