https://www.taxtmi.com/caselaws?id=353181 An oppression and mismanagement petition was analysed as a contractual dispute arising from a shareholders' agreement incorporated into the articles of association. The Tribunal treated the reliefs concerning affirmative voting rights, alteration of articles, approval of accounts, and appointment of auditors as rights in personam, and therefore arbitrable. It also found a valid and binding arbitration clause, noted that prior invocation and participation in arbitration supported its operative force, and held that the presence of some non-signatory respondents did not prevent referral. On that basis, the petition was viewed as an attempt to bypass the agreed arbitral forum, and the proceedings were terminated in deference to arbitration. en-us Thu, 23 Nov 2017 00:00:00 +0530 Fri, 29 Dec 2017 08:31:55 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=353181 An oppression and mismanagement petition was analysed as a contractual dispute arising from a shareholders' agreement incorporated into the articles of association. The Tribunal treated the reliefs concerning affirmative voting rights, alteration of articles, approval of accounts, and appointment of auditors as rights in personam, and therefore arbitrable. It also found a valid and binding arbitration clause, noted that prior invocation and participation in arbitration supported its operative force, and held that the presence of some non-signatory respondents did not prevent referral. On that basis, the petition was viewed as an attempt to bypass the agreed arbitral forum, and the proceedings were terminated in deference to arbitration. Case-Laws Companies Law Thu, 23 Nov 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=353181