Arbitrability Of Oppression, Mismanagement And Prejudice Claims In India: Need For Re-Think?

Arbitrability Of Oppression, Mismanagement And Prejudice Claims In India: Need For Re-Think?

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Volume 11 Issue 4 ()

This article seeks to re-evaluate the Indian legal position relating to arbitrability of oppression, mismanagement and prejudice claims taking into account developments in the United Kingdom and Singapore. In order to accomplish this objective, the article examines the law relating to the subject in these jurisdictions and the principles governing the arbitrability of disputes. Thereafter, the article examines whether the principles rendering oppression, mismanagement and unfair prejudice claims per se arbitrable in the United Kingdom and Singapore can be adopted with suitable modifications under Indian law. The article also proposes certain legal tests that could be adopted by courts in India while adjudging arbitrability of oppression, mismanagement and prejudice claims.

Cite as: Shreyas Jayasimha & Rohan Tigadi, Arbitrability Of Oppression, Mismanagement And Prejudice Claims In India: Need For Re-Think?, 11 NUJS L. Rev. 547 (2018)