Legislation

Resources

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 · 2021

India'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.

Relevance to FEAM

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 2023

India'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.

Relevance to FEAM

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.

Cross-border

International framework

The instruments that connect Indian ADR to the global enforcement architecture.

UNCITRAL Model Law on International Commercial Arbitration

1985, am. 2006

The international template on which the Arbitration and Conciliation Act, 1996 is modelled.

Relevance to FEAM

It aligns FEAM's procedures with globally recognised arbitration norms, which matters to cross-border parties.

The New York Convention, 1958

Foreign award enforcement

The 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.

Relevance to FEAM

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 ratified

A United Nations treaty for the cross-border enforcement of mediated settlement agreements. India signed it in 2019 but has not yet ratified it.

Relevance to FEAM

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 standard

Widely used guidance from the International Bar Association on arbitrator independence and disclosure, including the well-known "traffic light" lists of circumstances.

Relevance to FEAM

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.

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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.