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USA-LA-PARADIS Azienda Directories
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Azienda News:
- Arbitrability of Oppression Mismanagement Claims in India . . .
The above analysis brings forth that Indian Courts have considered claims concerning oppression and mismanagement as primarily inarbitrable, holding that the statutory jurisdiction of the NCLT cannot be ousted
- Supreme Court of India Clarifies What is Arbitrable . . .
An affirmative answer in respect to any of the above would render the dispute non-arbitrable The Supreme Court clarified that although these tests are not “watertight compartments”, they would assist greatly in determining when a particular subject-matter would be non-arbitrable under Indian law
- The disputes pertaining to oppression and mismanagement under . . .
Since the law in Singapore holds that disputes pertaining to oppression and mismanagement are arbitrable, the plaintiff cannot rely upon non-arbitrability of such disputes under Indian law, to claim that the only remedy available is before the NCLT
- ARBITRABILITY OF OPPRESSION AND MISMANAGEMENT (‘O . . . - Bimacc
In India, judicial authorities believe that claims of oppressive mismanagement cannot be referred to arbitration on the basis of the following tests laid down over the years: In matters involving oppression and mismanagement, the NCLT has extraordinary statutory powers that regular civil courts cannot exercise
- Remedies against ‘Oppression and Mismanagement’ are non . . .
This Court set down certain examples of non-arbitrable disputes such as: (i) Disputes relating to rights and liabilities which give rise to or arise out of criminal offences, (ii) Matrimonial disputes relating to divorce, judicial separation, restitution of conjugal rights and child custody, (ill) Matters of guardianship;
- Non-arbitrable disputes - the law in India | International . . .
Under the Indian Arbitration Act, enforcement of a foreign award can be refused if the subject matter of the dispute is not capable of settlement by arbitration under the law of India The impediment to enforcement of a foreign award on the ground of non-arbitrability is not unique to India
- ARBITRABILITY OF OPPRESSION, MISMANAGEMENT . . . - NUJS Law Review
Thereafter, the article examines whether the principles rendering oppression, misman-agement and unfair prejudice claims per se arbitrable in the United Kingdom and Singapore can be adopted with suitable modifications under Indian law
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