新闻与文章

May 03 2020
Arbitration Newsletter
By Link Legal - dated 03rd May 2020

Arbitrability of Oppression and Mismanagement

Alternate means of dispute resolution have an important place in a country like India with a burdened court system. The Government of India has taken various steps to amend the Arbitration & Conciliation Act of 1996 to better equip it to deal with challenges that arbitration has thrown up in India. As a result, arbitration has emerged a preferred means of Alternate Dispute Resolution (ADR). Considering that arbitration frees up valuable court time permitting courts to deal with other important issues, arbitration needs to be adopted to adjudicate disputes wherever possible.

However, not all disputes can be subjected to resolution by arbitration. While sections 240 and 241 of Companies Act, 2013 deal with oppression and mismanagement, the recourse available to an aggrieved part as also the powers of the tribunal to deal with such complaints; the provisions...

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