How To Determine Urgency To Avoid Pre-Litigation Mediation In Commercial Suits: Supreme Court Explains Tests

The Supreme Court laid down the test for determining “urgency” to bypass mandatory pre-litigation mediation under the Commercial Courts Act. The Court held that urgency must be genuine, immediate, and supported by evidence. It clarified that only cases involving imminent loss or irreparable harm may proceed without mediation. This judgment promotes alternative dispute resolution while preventing misuse of the urgency clause, balancing efficiency with the spirit of mandatory mediation in commercial matters.