A Agarwalla & Co. explains that arbitration clauses can’t completely override the NCLT’s statutory jurisdiction under the Companies Act, 2013 for oppression and mismanagement disputes. It clarifies when to choose arbitration versus NCLT in shareholder disputes.

An arbitration clause in your shareholder agreement does not automatically take away the NCLT’s power to hear oppression and mismanagement complaints — the NCLT’s jurisdiction under the Companies Act, 2013 is statutory and cannot be entirely ousted by a private contract. If you are a shareholder facing unfair treatment, knowing which forum to approach can make or break your case.



A Agarwalla

Arbitration Clauses vs NCLT Jurisdiction

Does your arbitration clause override NCLT jurisdiction in shareholder disputes? Learn your rights under the Companies Act, 2013 — explained in plain language.