https://www.taxtmi.com/caselaws?id=195281 Section 8 of the Arbitration and Conciliation Act, 1996 requires a party to seek reference to arbitration before filing its first statement on the substance of the dispute and to file the arbitration agreement or a certified copy with the application; where a party has already filed substantive replies and applications before the Company Law Board without reserving the arbitration plea, the right to invoke arbitration is treated as abandoned. The text also states that oppression and mismanagement proceedings under Sections 397, 398, 402 and 403 of the Companies Act, 1956 involve statutory remedies and powers that cannot be ousted by contract, and an arbitrator cannot grant those reliefs. Such disputes are therefore not referable to arbitration. en-us Tue, 10 Feb 2004 00:00:00 +0530 Tue, 25 Jun 2024 19:01:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=195281 Section 8 of the Arbitration and Conciliation Act, 1996 requires a party to seek reference to arbitration before filing its first statement on the substance of the dispute and to file the arbitration agreement or a certified copy with the application; where a party has already filed substantive replies and applications before the Company Law Board without reserving the arbitration plea, the right to invoke arbitration is treated as abandoned. The text also states that oppression and mismanagement proceedings under Sections 397, 398, 402 and 403 of the Companies Act, 1956 involve statutory remedies and powers that cannot be ousted by contract, and an arbitrator cannot grant those reliefs. Such disputes are therefore not referable to arbitration. Case-Laws Companies Law Tue, 10 Feb 2004 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=195281