Section 8. Appointment of mediators

CHAPTER IV MEDIATORS 8. Appointment of mediators.— (1) Unless otherwise agreed upon by the parties, a person of any nationality may be appointed as a mediator: Provided that mediator of any foreign nationality shall possess such qualification, experience and accreditation as may be specified. (2) The parties shall be free to agree upon the name of mediator and the procedure for their appointment. (3) If the parties do not reach any agreement on a matter referred to in sub-section (2), then the party seeking initiation of mediation shall make an application to a mediation service provider for the appointment of a mediator. (4) Upon receiving an application under sub-section (3), the mediation service provider shall, within a period of seven days, appoint, — (i) the mediator as agreed by the parties; or (ii) in case the parties are unable to reach agreement as to the appointment of mediator or mediator agreed by them refuses to act as mediator, a mediator from the panel maintained by it, with his consent. (5) The person appointed under clause (i) of sub-section (4) shall communicate his willingness or otherwise within a period of seven days from the date of receipt of communication of such appointment. 8. Any investigation, inquiry or proceeding, under the Competition Act, 2002 (12 of 2003), including proceedings before the Director General, under the Act; proceedings before the Telecom Regulatory Authority of India, under the Telecom Regulatory Authority of India Act, 1997 (24 of 1997) or the Telecom Disputes Settlement and Appellate Tribunal established under section 14 of that Act.