Bombay High Court holds that oppression and mismanagement claims cannot be referred to arbitration | Practical Law

Bombay High Court holds that oppression and mismanagement claims cannot be referred to arbitration | Practical Law

In Rakesh Malhotra v Rajinder Kumar Malhotra & Ors, Company Appeal (L) Nos. 10, 11, 12, 13, 16, 17, 18, and 19 of 2013 and Company Appeal No. 15, 16, 17,18, 23, and 24 of 2013, the Bombay High Court considered whether disputes relating to sections 397, 398 and 402 of the Companies Act 1956 could be referred to arbitration and whether the Company Law Board of India would be bound by a decision of a foreign court, namely the English High Court.

Bombay High Court holds that oppression and mismanagement claims cannot be referred to arbitration

Practical Law UK Legal Update Case Report 1-585-4106 (Approx. 6 pages)

Bombay High Court holds that oppression and mismanagement claims cannot be referred to arbitration

by Sandeep Mahapatra (Partner) and Arunav Roy (Associate), Juris Corp
Published on 29 Oct 2014 • India
In Rakesh Malhotra v Rajinder Kumar Malhotra & Ors, Company Appeal (L) Nos. 10, 11, 12, 13, 16, 17, 18, and 19 of 2013 and Company Appeal No. 15, 16, 17,18, 23, and 24 of 2013, the Bombay High Court considered whether disputes relating to sections 397, 398 and 402 of the Companies Act 1956 could be referred to arbitration and whether the Company Law Board of India would be bound by a decision of a foreign court, namely the English High Court.