https://www.taxtmi.com/caselaws?id=304318 Section 18(3) of the Micro, Small and Medium Enterprises Development Act, 2006 brings post-conciliation arbitration within the Arbitration and Conciliation Act, 1996, so the Limitation Act, 1963 applies through Section 43. A respondent may also raise counter claim or set-off under Section 23(2A), and excluding such claims would risk parallel proceedings. However, MSME benefits are available only prospectively: registration obtained after the contract and supplies were completed does not retrospectively confer supplier status for those past claims. On the stated facts, the challenge to appointment of the arbitrator failed. en-us Tue, 29 Jun 2021 00:00:00 +0530 Tue, 21 May 2024 14:14:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=304318 Section 18(3) of the Micro, Small and Medium Enterprises Development Act, 2006 brings post-conciliation arbitration within the Arbitration and Conciliation Act, 1996, so the Limitation Act, 1963 applies through Section 43. A respondent may also raise counter claim or set-off under Section 23(2A), and excluding such claims would risk parallel proceedings. However, MSME benefits are available only prospectively: registration obtained after the contract and supplies were completed does not retrospectively confer supplier status for those past claims. On the stated facts, the challenge to appointment of the arbitrator failed. Case-Laws Indian Laws Tue, 29 Jun 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=304318