https://www.taxtmi.com/caselaws?id=195139 An arbitration agreement or award does not displace oppression and mismanagement proceedings where the company is not a party to the arbitration, no arbitration clause exists in the articles, and the award has not attained finality because it remains under challenge. In that setting, Section 8 of the Arbitration and Conciliation Act, 1996 need not be applied to stay or dismiss a petition under Sections 397 and 398 of the Companies Act, 1956. The pending statutory remedy remains available where the controversy concerns company affairs and the award has not fully resolved the dispute or resulted in distribution of assets. en-us Wed, 14 Jan 2015 00:00:00 +0530 Tue, 17 Oct 2017 08:21:14 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=195139 An arbitration agreement or award does not displace oppression and mismanagement proceedings where the company is not a party to the arbitration, no arbitration clause exists in the articles, and the award has not attained finality because it remains under challenge. In that setting, Section 8 of the Arbitration and Conciliation Act, 1996 need not be applied to stay or dismiss a petition under Sections 397 and 398 of the Companies Act, 1956. The pending statutory remedy remains available where the controversy concerns company affairs and the award has not fully resolved the dispute or resulted in distribution of assets. Case-Laws Companies Law Wed, 14 Jan 2015 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=195139