https://www.taxtmi.com/caselaws?id=770849 The MSMED Act provides a special dispute-resolution mechanism that prevails over a private arbitration clause and the general regime under the Arbitration and Conciliation Act, 1996. Once the statutory reference process under Section 18 is invoked, the Facilitation Council or the designated institution can proceed with arbitration notwithstanding a contractual seat clause fixing another location. The non obstante clauses in Sections 18 and 24 give the Act overriding effect, and the deeming fiction in Section 18(3) treats the reference as arbitration pursuant to an arbitration agreement. The supplier's location also supports jurisdiction under Section 18(4), so the contractual objection fails. en-us Wed, 14 May 2025 00:00:00 +0530 Sat, 17 May 2025 08:39:10 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=770849 The MSMED Act provides a special dispute-resolution mechanism that prevails over a private arbitration clause and the general regime under the Arbitration and Conciliation Act, 1996. Once the statutory reference process under Section 18 is invoked, the Facilitation Council or the designated institution can proceed with arbitration notwithstanding a contractual seat clause fixing another location. The non obstante clauses in Sections 18 and 24 give the Act overriding effect, and the deeming fiction in Section 18(3) treats the reference as arbitration pursuant to an arbitration agreement. The supplier's location also supports jurisdiction under Section 18(4), so the contractual objection fails. Case-Laws Indian Laws Wed, 14 May 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=770849