https://www.taxtmi.com/caselaws?id=407393 An arbitration agreement does not automatically require referral of an insolvency dispute to arbitration where the adjudicating authority is satisfied that debt and default are in issue. The commentary treats the Insolvency and Bankruptcy Code as the governing special enactment in such circumstances and notes that its overriding effect under Section 238 prevails over inconsistent contractual remedies. On that basis, the existence of an arbitration clause, by itself, does not oust insolvency jurisdiction or prevent the Tribunal from examining the statutory requirements before granting insolvency relief. en-us Wed, 28 Apr 2021 00:00:00 +0530 Mon, 10 May 2021 08:50:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=407393 An arbitration agreement does not automatically require referral of an insolvency dispute to arbitration where the adjudicating authority is satisfied that debt and default are in issue. The commentary treats the Insolvency and Bankruptcy Code as the governing special enactment in such circumstances and notes that its overriding effect under Section 238 prevails over inconsistent contractual remedies. On that basis, the existence of an arbitration clause, by itself, does not oust insolvency jurisdiction or prevent the Tribunal from examining the statutory requirements before granting insolvency relief. Case-Laws Insolvency and Bankruptcy Wed, 28 Apr 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=407393