https://www.taxtmi.com/caselaws?id=457031 The Madhya Pradesh Madhyasthan Adhikaran Adhiniyam, 1983 was treated as a special self-contained statutory arbitration regime for disputes arising out of works contracts, and it continued to operate despite the Arbitration and Conciliation Act, 1996 because the later Act saves inconsistent special enactments. The earlier view that the 1983 Act was impliedly repealed was considered per incuriam. However, a dispute over cancellation or termination of a contract, where the works contract had ceased to exist, was held outside the statutory reference mechanism under the 1983 Act. In that situation, appointment of an independent arbitrator under the 1996 Act was sustained. en-us Tue, 24 Jan 2012 00:00:00 +0530 Fri, 06 Sep 2024 11:07:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=457031 The Madhya Pradesh Madhyasthan Adhikaran Adhiniyam, 1983 was treated as a special self-contained statutory arbitration regime for disputes arising out of works contracts, and it continued to operate despite the Arbitration and Conciliation Act, 1996 because the later Act saves inconsistent special enactments. The earlier view that the 1983 Act was impliedly repealed was considered per incuriam. However, a dispute over cancellation or termination of a contract, where the works contract had ceased to exist, was held outside the statutory reference mechanism under the 1983 Act. In that situation, appointment of an independent arbitrator under the 1996 Act was sustained. Case-Laws Indian Laws Tue, 24 Jan 2012 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=457031