Facilitation Council Archives

Awards rendered by MSME Council can be challenged under Section 34 of A&C Act and not under Art. 226: Orissa High Court

In the matter at hand, the appellant contended that the Council’s award ought to have been interfered with under Article 226/227 of the Constitution, as there was no conciliation in accordance with the procedure prescribed, a condition precedent for initiation of arbitration proceeding under Section 18 (3) of the MSMED Act.

Legislation Updates Rules & Regulations

IIAC (Conduct of Micro and Small Enterprises Arbitration) Regulations, 2024

On June 07, 2024, IIAC has made India International Arbitration Centre (Conduct of Micro and Small Enterprises Arbitration) Regulations 2024 (‘The Regulations’)

Case Briefs High Courts

Facilitation Council does not have jurisdiction to entertain dispute arising out of services not registered under MSMED Act: Allahabad HC

Allahabad High Court said that the term ‘condition and the specification of the cold storage’ together with the definition clauses constitute the cold storage services and, therefore, cold storage services have been properly structured under the U.P. Enactment read with modified subordinate legislation of Uttar Pradesh.

Case Briefs High Courts

Award by Facilitation Council without recording failure of conciliation or reference to arbitration void; Jharkhand High Court remits matter

Jharkhand High Court noticed that the Facilitation Council proceeded with an award, with no record of failure of conciliation or parties going for arbitration.

Op Eds OP. ED.

Permissibility of Arbitration Proceedings by Empanelled Arbitrators under the MSMED Act, 2006

by Hiresh Choudhary* and Surbhi Sharma**

Case Briefs High Courts

Can Micro & Small Enterprises Facilitation Council entertain references to arbitration from ‘Medium Enterprises’ under MSMED Act, 2006? Delhi High Court analyses

The MSMED Act, 2006 is a beneficial legislation for Micro, Small and Medium Enterprises and ought to be construed in a manner that is beneficial to such enterprises.

Case Briefs High Courts

Whether bar contained under S. 80 of Arbitration Act in selection of forum for arbitration applicable to MSMED Act? Allahabad HC answers

Allahabad High Court said that the MSMED Act, 2006 is a special law and in view of Section 24 the discretion given to Council for selecting the forum of arbitration between the parties has an overriding effect and therefore, at the stage of selection of forum for arbitration by the Council the prohibition contained in Section 80 of the A&C Act will not be applicable.