itself it was recorded by MSME Council that
conciliation process failed and, accordingly, MSME Council proceeded
to invoke arbitration proceedings under Section ... Section 65 to 81 of
the Arbitration and Conciliation Act, 1996 (for short ' Arbitration Act '),
MSME Council recorded that conciliation process has failed
constituted under the MSME Act .
21 Section 18 (3) of the MSME Act contemplates a reference to
arbitration and there is a deeming provision that ... MSME Act by virtue of Section 18 (3) of the MSME Act.
Section 18 (3) of the MSME Act clearly provides that the Arbitration
institution, the Arbitration and
Conciliation Act would then apply as if the arbitration was in
pursuance of an arbitration agreement.
8. Mr. Kamat therefore contended ... arbitration. Once
parties agree that arbitration was not a mode of dispute
resolution, the question of an arbitration agreement or enforcing
a statutory arbitration does
provisions under the Arbitration and
Conciliation Act, 1996 (hereinafter referred to as " Arbitration Act ")
as also of the MSME Act to submit that ... arbitration agreement in writing with or without
arbitration clause, the dispute can be resolved by the MSEFC as if
there exists an arbitration agreement referred
dispute resolution services for such
arbitration. In both eventuality, the arbitration proceedings
would be governed by the provisions of Arbitration and
Conciliation ... Section 2 (1(e)of the Arbitration Act, 1996 , which applies to the
arbitration proceedings conducted by the MSME Facilitation
Council or a institute
under the MSME Act since the Act was only applicable to MSME entities and unless the counter-party was also a registered MSME entity ... provision of Arbitration & Conciliation Act, 1996 would be applicable to the arbitration proceedings by MSME Council, which conversely also means that any order arising
under
the provisions of the MSME Act, 2006 (hereinafter „the MSME Act ‟).
Thereafter, under Section 18 of the MSME Act, Conciliation proceedings
were held ... since the existence of the Arbitration agreement is not
disputed and the arbitration proceedings initiated under the MSME Act are
in accordance with law, there
arbitrator, Mr.Bairagar submitted that the present
arbitration is a statutory arbitration reading Section 18 of the
MSME Act and it cannot be compared ... distinction between domestic
arbitration and statutory arbitration. This being a statutory
arbitration, it is under that context that the MSME Act is
applicable. Relying
Arbitration Centre').
10. The Arbitration Centre has constituted the Arbitral Tribunal,
which is proceeding with the arbitration under the aegis of the
Arbitration Centre ... disputes between the parties were referred to the
Arbitration Centre for arbitration; the Arbitration Centre has constituted
the Arbitral Tribunal to adjudicate disputes between
recourse to arbitration in
accordance with the provisions of the Arbitration clause herein.
Provided always that an award rendered in any arbitration
proceedings arising ... SEAT' of
arbitration. The 'SEAT' of arbitration would continue to be governed in
terms of the arbitration agreement between the parties, which
