Arbitration Clauses

Arbitration Clauses v. NCLT’s Jurisdiction in Shareholder Disputes: Legal Position in India

Summary: Indian courts have consistently held that statutory remedies under company law cannot be overridden by private contracts. While arbitration is encouraged as an efficient dispute resolution mechanism under the Arbitration and Conciliation Act, 1996, NCLT’s jurisdiction in corporate governance and minority protection remains intact. This note examines the statutory framework, doctrinal foundations, and leading judicial precedents governing the relationship between arbitration clauses in shareholder agreements and oppression and mismanagement proceedings.Continue Reading Arbitration Clauses v. NCLT’s Jurisdiction in Shareholder Disputes: Legal Position in India