Online dispute resolution for MSMEs soon, govt to start training officials
1 week, 4 days ago

Online dispute resolution for MSMEs soon, govt to start training officials

Live Mint  

New Delhi: The government is set to digitize dispute resolution for small businesses, according to two people aware of the development, aiming to improve their ease of doing business and resolve rows over delayed payments. Pending disputes Mint reported in July 2024 that the government was considering empowering MSEFCs to fast-track the resolution of delayed payment disputes, as MSMEs faced multiple issues including a lack of expertise among MSEFCs in dealing with out-of-court dispute resolution processes such as arbitration and mediation. The lack of expertise in MSEFCs and the fact that they are overburdened creates roadblocks in the dispute resolution process for MSMEs, said Krunal Modi, founding member and manager, Presolv360. Virtual dispute resolution -- or arbitration and mediation using electronic means -- has also been part of the government's recent reforms in the Arbitration and Conciliation Act, 1996.

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History of this topic

Mandate Of Facilitation Council Is Not Terminated Even If It Fails To Render Award Within 90 Days U/S 18(5) Of MSME Act: Bombay High Court
1 month, 1 week ago

Mandate Of Facilitation Council Is Not Terminated Even If It Fails To Render Award Within 90 Days U/S 18(5) Of MSME Act: Bombay High Court

Live Law  

The Bombay High Court bench of Justice Somasekhar Sundaresan has held that the mandate of the MSME Facilitation Council cannot be terminated merely on the ground that it failed to render an award within 90 days under section 18 of the Micro, Small and Medium Enterprises Development Act, 2006 from the date of entering reference as this time period is …

Bombay High Court Retains Exclusive Jurisdiction to Challenge Award Under Section 34 of Arbitration Act
5 months ago

Bombay High Court Retains Exclusive Jurisdiction to Challenge Award Under Section 34 of Arbitration Act

Live Law  

The Bombay High Court has ruled that the jurisdiction of the Court to hear the application under Section 34 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) to challenge the award passed under Section 18(4) of the MSMED Act would be governed by the agreement between the parties which has conferred exclusive jurisdiction to a particular Court.

Bombay HC Revokes Exclusive Jurisdiction of Mumbai Court in Section 34 Application
5 months ago

Bombay HC Revokes Exclusive Jurisdiction of Mumbai Court in Section 34 Application

Live Law  

The Bombay High Court has ruled that the jurisdiction of the Court to hear the application under Section 34 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) to challenge the award passed under Section 18(4) of the MSMED Act would be governed by the agreement between the parties which has conferred exclusive jurisdiction to a particular Court.

MSME Facilitation Council Can't Arbitrate Matters Pertaining To Individual Service Providers Outside The Scope Of MSME Act: Delhi High Court
1 year ago

MSME Facilitation Council Can't Arbitrate Matters Pertaining To Individual Service Providers Outside The Scope Of MSME Act: Delhi High Court

Live Law  

The Delhi High Court single bench of Justice Prateek Jalan held that the MSME Facilitation Council does not have the jurisdiction to arbitrate matters pertaining to individual service providers who do not fall under the definition of 'supplier' under the MSME Act. The Petitioner approached the Delhi High Court and filed an application under Section 34 of the Arbitration and …

Arbitration Survives Even If Arbitration Under MSMED Act Declared Non-Maintainable: Madras High Court
2 years, 4 months ago

Arbitration Survives Even If Arbitration Under MSMED Act Declared Non-Maintainable: Madras High Court

Live Law  

The Madras High Court has ruled that once a dispute is referred to the Facilitation Council under the Micro, Small and Medium Enterprises Development Act, 2006, if the Facilitation Council adjudicates the dispute on merits, such decision would operate as res judicata and would bar the institution of arbitral proceedings in respect of the same dispute. The High Court ruled …

MSMED Act - Reference To Facilitation Council Maintainable In Spite Of An Independent Arbitration Agreement Existing Between The Parties : Supreme Court
2 years, 4 months ago

MSMED Act - Reference To Facilitation Council Maintainable In Spite Of An Independent Arbitration Agreement Existing Between The Parties : Supreme Court

Live Law  

The Supreme Court observed that reference made to the Facilitation Council is maintainable in spite of an independent arbitration agreement existing between the parties to whom the Micro, Small and Medium Enterprises Development Act, 2006 is applicable.The Facilitation Council, which had initiated the Conciliation proceedings under Section 18 of the MSMED Act, 2006 would be entitled to act. Whether any …

Arbitration, Mediation & Negotiations Heading The Digital Way
3 years, 10 months ago

Arbitration, Mediation & Negotiations Heading The Digital Way

Live Law  

Digitization has changed the way we bank, shop, learn, stay fit, get entertained and stay connected. ODR is the resolution of disputes, particularly small- and medium-value cases, using digital technology and techniques of alternate dispute resolution, such as negotiation, mediation, and arbitration. Even the precedents laid down by the Supreme Court of India support use of technology for dispute resolution …

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