https://www.taxtmi.com/caselaws?id=289045 Section 389 of the Companies Act, 1956 does not form an exclusive code governing a company's reference of disputes to arbitration. The Arbitration Act, 1940 applies subject to other laws in force, and the Arbitration (Protocol and Convention) Act, 1937 is such a law. Accordingly, an agreement by an Indian company to submit future disputes to arbitration under the ICC Rules is not invalid merely because it does not follow the domestic arbitration framework, where the Convention regime applies. The earlier view treating such a clause as unenforceable could not stand, and the matter had to be reconsidered under the applicable stay provisions. en-us Thu, 18 Apr 1963 00:00:00 +0530 Fri, 10 Jul 2020 18:19:12 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=289045 Section 389 of the Companies Act, 1956 does not form an exclusive code governing a company's reference of disputes to arbitration. The Arbitration Act, 1940 applies subject to other laws in force, and the Arbitration (Protocol and Convention) Act, 1937 is such a law. Accordingly, an agreement by an Indian company to submit future disputes to arbitration under the ICC Rules is not invalid merely because it does not follow the domestic arbitration framework, where the Convention regime applies. The earlier view treating such a clause as unenforceable could not stand, and the matter had to be reconsidered under the applicable stay provisions. Case-Laws Indian Laws Thu, 18 Apr 1963 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=289045