https://www.taxtmi.com/caselaws?id=308710 Where conciliation under the MSMED Act fails, Section 18 requires the Facilitation Council to move the dispute to arbitration, either by taking it up itself or by referring it to an arbitral institution or centre. That statutory mechanism is mandatory and institutional in nature, so a contractual clause allowing the buyer to appoint an arbitrator cannot displace it because Sections 18 and 24 give the special procedure overriding effect. The buyer's objection to the statutory referral was therefore not sustainable, particularly where its own response before the Council proceeded on the basis that the matter would move to arbitration under the Act. en-us Mon, 18 Sep 2017 00:00:00 +0530 Fri, 14 Jul 2023 12:03:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=308710 Where conciliation under the MSMED Act fails, Section 18 requires the Facilitation Council to move the dispute to arbitration, either by taking it up itself or by referring it to an arbitral institution or centre. That statutory mechanism is mandatory and institutional in nature, so a contractual clause allowing the buyer to appoint an arbitrator cannot displace it because Sections 18 and 24 give the special procedure overriding effect. The buyer's objection to the statutory referral was therefore not sustainable, particularly where its own response before the Council proceeded on the basis that the matter would move to arbitration under the Act. Case-Laws Indian Laws Mon, 18 Sep 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=308710