https://www.taxtmi.com/caselaws?id=280624 Disputes alleging oppression and mismanagement under the Companies Act, 1956 were held not to be referable to arbitration under section 8 of the Arbitration and Conciliation Act, 1996 where the reliefs sought depended on special statutory powers under sections 397, 398, 402 and 403. Those provisions form a distinct statutory code conferring remedies and powers on the Company Law Board that an arbitrator cannot exercise. An arbitration clause in the articles of association, and even the parties' consent, cannot confer arbitral jurisdiction over rights and remedies withheld by statute. The reference application therefore failed, and the dispute remained non-arbitrable. en-us Thu, 09 Aug 2012 00:00:00 +0530 Tue, 14 May 2019 10:07:08 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=280624 Disputes alleging oppression and mismanagement under the Companies Act, 1956 were held not to be referable to arbitration under section 8 of the Arbitration and Conciliation Act, 1996 where the reliefs sought depended on special statutory powers under sections 397, 398, 402 and 403. Those provisions form a distinct statutory code conferring remedies and powers on the Company Law Board that an arbitrator cannot exercise. An arbitration clause in the articles of association, and even the parties' consent, cannot confer arbitral jurisdiction over rights and remedies withheld by statute. The reference application therefore failed, and the dispute remained non-arbitrable. Case-Laws Companies Law Thu, 09 Aug 2012 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=280624