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AI Drafter - (New and Powerful) ✕ Generate professional replies, appeals, opinions to Show Cause Notices, assessment orders, audit objections, and other legal communications using TaxTMI's AI Drafter.
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Issues: Whether a pre-existing arbitration agreement between the buyer and the supplier bars the Micro and Small Enterprises Facilitation Council from acting under Section 18 of the Micro, Small and Medium Enterprises Development Act, 2006, and whether the Council can still refer the dispute to arbitration under that provision.
Analysis: A reference under Section 18 of the Micro, Small and Medium Enterprises Development Act, 2006 sets in motion a special statutory mechanism for conciliation and, if conciliation fails, arbitration. The provision begins with a non obstante clause, Section 24 gives overriding effect to Sections 15 to 23, and Section 18(3) creates a legal fiction that, upon failure of conciliation, the dispute is to be taken up for arbitration by the Council or by an institution or centre providing alternate dispute resolution services as if there were an arbitration agreement under Section 7(1) of the Arbitration and Conciliation Act, 1996. That statutory fiction operates notwithstanding any earlier private arbitration clause, because the special procedure under the Act of 2006 substitutes the earlier arrangement for disputes covered by the supplier's claim for recovery of amounts due.
Conclusion: A prior arbitration agreement does not prevent the Council from proceeding under Section 18, and the dispute must be resolved through the statutory conciliation and arbitration mechanism under the Act of 2006.
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