https://www.taxtmi.com/caselaws?id=280624 Oppression and mismanagement remedies under the Companies Act, 1956 constitute a special statutory regime, with powers under sections 397, 398, 402 and 403 exercisable only by the Company Law Board. Section 8 of the Arbitration and Conciliation Act, 1996 requires referral only where an arbitrator is competent to decide the dispute and grant the relief sought. An arbitration clause in the articles of association cannot override shareholders' statutory rights or confer arbitral jurisdiction over relief reserved to a statutory forum. Accordingly, oppression and mismanagement disputes seeking such statutory relief are not arbitrable and cannot be referred to arbitration. 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 Oppression and mismanagement remedies under the Companies Act, 1956 constitute a special statutory regime, with powers under sections 397, 398, 402 and 403 exercisable only by the Company Law Board. Section 8 of the Arbitration and Conciliation Act, 1996 requires referral only where an arbitrator is competent to decide the dispute and grant the relief sought. An arbitration clause in the articles of association cannot override shareholders' statutory rights or confer arbitral jurisdiction over relief reserved to a statutory forum. Accordingly, oppression and mismanagement disputes seeking such statutory relief are not arbitrable and cannot be referred to arbitration. Case-Laws Companies Law Thu, 09 Aug 2012 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=280624