https://www.taxtmi.com/caselaws?id=174270 An arbitration clause does not bar competition proceedings because disputes under the Competition Act concern statutory competition law, not merely contractual rights, and the Act operates in addition to other laws. The arbitral forum is confined to contractual disputes and cannot determine abuse of dominance or similar competition issues. A Government department engaged in railway and transport services is an "enterprise" under Section 2(h) because those activities are commercial or service-oriented and not primary, inalienable sovereign functions. In the absence of an exemption notification, the challenge to the regulator's jurisdiction failed and the writ petition was dismissed. en-us Thu, 23 Feb 2012 00:00:00 +0530 Wed, 09 May 2018 10:32:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=174270 An arbitration clause does not bar competition proceedings because disputes under the Competition Act concern statutory competition law, not merely contractual rights, and the Act operates in addition to other laws. The arbitral forum is confined to contractual disputes and cannot determine abuse of dominance or similar competition issues. A Government department engaged in railway and transport services is an "enterprise" under Section 2(h) because those activities are commercial or service-oriented and not primary, inalienable sovereign functions. In the absence of an exemption notification, the challenge to the regulator's jurisdiction failed and the writ petition was dismissed. Case-Laws Law of Competition Thu, 23 Feb 2012 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=174270