Mandatory Pre-Litigation Mediation and Agent Liability Under the Commercial Courts and Contract Acts

sketch of the Bombay High Court
Case
Rushabh Sealink and Logistic Private Limited v. Hapag-Lloyd India Private Limited (Bombay High Court, 29-09-2026)
Law
Code of Civil Procedure, Commercial Courts Act, Indian Contract Act.

Highlights of the Judgment:

  • Comprehensive analysis of the mandatory pre-institution mediation requirements under Section 12A of the Commercial Courts Act.
  • Interpretation of exhaustion versus mere initiation of mediation prior to instituting a commercial suit.
  • Evaluation of whether a post-filing non-starter report can cure an inherently defective plaint lacking prior mediation exhaustion.
  • Application of Section 230 of the Indian Contract Act regarding the personal liability of an Indian shipping agent for a disclosed foreign principal.
  • Distinction between contracts for the sale or purchase of goods and contracts of carriage under Section 230 exceptions.