https://www.taxtmi.com/caselaws?id=380488 Where a works contract expressly stipulates arbitration under the Arbitration and Conciliation Act, 1996, the agreed arbitral mechanism prevails and the Bihar Public Works Contract Disputes Arbitration Tribunal Act, 2008 does not displace it. The Court relied on the Supreme Court's ruling in Brahmaputra Infrastructure Ltd. and the earlier view in Nilkamal Ltd., and also noted that the Bihar Act had not received Presidential assent. On that basis, the prior direction requiring recourse to the Tribunal could not stand, the review succeeded, and liberty was granted to pursue appointment of an arbitrator under the contractual and statutory regime governing the agreement. en-us Mon, 13 May 2019 00:00:00 +0530 Thu, 23 May 2019 07:10:29 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=380488 Where a works contract expressly stipulates arbitration under the Arbitration and Conciliation Act, 1996, the agreed arbitral mechanism prevails and the Bihar Public Works Contract Disputes Arbitration Tribunal Act, 2008 does not displace it. The Court relied on the Supreme Court's ruling in Brahmaputra Infrastructure Ltd. and the earlier view in Nilkamal Ltd., and also noted that the Bihar Act had not received Presidential assent. On that basis, the prior direction requiring recourse to the Tribunal could not stand, the review succeeded, and liberty was granted to pursue appointment of an arbitrator under the contractual and statutory regime governing the agreement. Case-Laws Indian Laws Mon, 13 May 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=380488