https://www.taxtmi.com/caselaws?id=104192 A winding up petition pending before the High Court is not referable to arbitration under Section 8 of the Arbitration and Conciliation Act, 1996 because the arbitrator can decide only disputes capable of arbitral determination. A winding up petition is a statutory proceeding invoking the Court's power under the Companies Act to order winding up on grounds such as commercial insolvency, and that power cannot be exercised by an arbitrator even where an arbitration agreement exists. The proceeding therefore remains outside arbitration and within the exclusive domain of the Court. en-us Tue, 13 Jul 1999 00:00:00 +0530 Thu, 09 Oct 2025 12:28:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=104192 A winding up petition pending before the High Court is not referable to arbitration under Section 8 of the Arbitration and Conciliation Act, 1996 because the arbitrator can decide only disputes capable of arbitral determination. A winding up petition is a statutory proceeding invoking the Court's power under the Companies Act to order winding up on grounds such as commercial insolvency, and that power cannot be exercised by an arbitrator even where an arbitration agreement exists. The proceeding therefore remains outside arbitration and within the exclusive domain of the Court. Case-Laws Companies Law Tue, 13 Jul 1999 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=104192