Arbitrability of disputes relating to oppression and mismanagement
RAO, V DURGA
Arbitrability of disputes relating to oppression and mismanagement - 2012 - 1093-1099
Nothing prevents the shareholders to get their disputes with the majority settled through arbitration mechanism, but the arbitrator deciding such a dispute can not be seen as a presiding officer exercising power under section 397/398 and the finalorder of the arbitrator can not be equated with a finding of CLB in an application under sction 397/398 of the Companies Act, 1956. The shareholders defending the petition under section 397/398 of the Companies Act, 1956 can prefer an application under section 8 of the Arbitration and Conciliation Act, 1956
DISPUTES MISMANAGEMENT
658
Arbitrability of disputes relating to oppression and mismanagement - 2012 - 1093-1099
Nothing prevents the shareholders to get their disputes with the majority settled through arbitration mechanism, but the arbitrator deciding such a dispute can not be seen as a presiding officer exercising power under section 397/398 and the finalorder of the arbitrator can not be equated with a finding of CLB in an application under sction 397/398 of the Companies Act, 1956. The shareholders defending the petition under section 397/398 of the Companies Act, 1956 can prefer an application under section 8 of the Arbitration and Conciliation Act, 1956
DISPUTES MISMANAGEMENT
658