https://www.taxtmi.com/caselaws?id=194970 Arbitration referral under Section 8 of the Arbitration and Conciliation Act, 1996 is unavailable where an oppression and mismanagement petition includes allegations beyond the shareholders' agreement. Claims involving misuse of majority power, violations of the articles of association, and statutory member rights must be assessed under the Companies Act, 1956 and the articles, even where contractual terms have been incorporated into them. Because disputes partly outside an arbitration agreement cannot be split for partial referral, the arbitration clause does not displace the Board's jurisdiction over the composite petition. en-us Wed, 02 Jun 2004 00:00:00 +0530 Mon, 09 Oct 2017 14:56:53 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=194970 Arbitration referral under Section 8 of the Arbitration and Conciliation Act, 1996 is unavailable where an oppression and mismanagement petition includes allegations beyond the shareholders' agreement. Claims involving misuse of majority power, violations of the articles of association, and statutory member rights must be assessed under the Companies Act, 1956 and the articles, even where contractual terms have been incorporated into them. Because disputes partly outside an arbitration agreement cannot be split for partial referral, the arbitration clause does not displace the Board's jurisdiction over the composite petition. Case-Laws Companies Law Wed, 02 Jun 2004 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=194970