Non-arbitrability of company restructuring disputes requires NCLT adjudication, permitting supervisory intervention and ending arbitration concerning affected companies.
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....An Article 227 petition may be maintainable against an arbitral tribunal's rejection of a jurisdictional objection under Section 16 where the dispute is non-arbitrable or subject to an exclusive statutory mechanism, despite the absence of an appeal under Section 37. Company restructuring, asset division, management changes and share-related reliefs concerning companies not party to an MOU fall within the National Company Law Tribunal's exclusive jurisdiction under the Companies Act. Such intra-company disputes may affect minority shareholders and third parties, constitute actions in rem, and cannot be made arbitrable through a personal contract between individuals. Arbitral proceedings concerning the companies were terminated, while remedies before the NCLT remained available.....
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