Thursday, September 11, 2025

Arbitration : Arbitration under MSMED Act, 2006 and Effect of Clause for Arbitral Seat

Arbitration : Arbitration under MSMED Act, 2006 and Effect of Clause for Arbitral Seat

In case of GEA Westfalia Separator India Pvt Ltd v. SVS Aqua Technologies LLP [2025] GCtR 1496 (Bombay) it was held that supplanting of the contractual arbitration provisions by the statutory arbitration provisions flowing from Section 18 of the MSMED Act, 2006 would lead to an inexorable consequence that it would be the Court that would be responsive to Section 34 read with Section 2(1)(e) of the Arbitration and Conciliation Act, 1996 that would have jurisdiction.

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