Lessons from the US: Arbitrability of oppression and mismanagement in India

Chauhan, Prakhar N S and Singh, Prashant (2021) Lessons from the US: Arbitrability of oppression and mismanagement in India. Journal of Strategic Contracting and Negotiation, 5 (1-2). pp. 76-98.

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The present paper delves into an often-discussed question, whether oppression and mismanagement disputes are arbitrable. Public policy concerns are cited as the primary reason for justifying the non-arbitrability of oppression and mismanagement disputes. However, while offering such an argument, what needs to be considered is whether an allegation of oppression and mismanagement in itself amounts to oppression and mismanagement and thereby pushing the tribunal to give up its jurisdiction (which is perverse and completely against the principles of competence–competence). In this paper, a thorough analysis of the concept of arbitrability has been undertaken where arguments beyond the notion of arbitrability being limited to public policy considerations have been explored. The research specifically focuses upon how arbitrability grew in terms of a tribunal’s power vis-a-vis à statutory remedy (courts), by looking at the growth of antitrust and securities transaction disputes in the United States of America

Item Type: Article
Keywords: Contract law | Corporate governance | Dispute resolution
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Mr Sombir Dahiya
Date Deposited: 16 Mar 2022 13:53
Last Modified: 16 Mar 2022 13:53
Official URL: https://doi.org/10.1177%2F20555636211027333
URI: https://pure.jgu.edu.in/id/eprint/1679


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