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Khaitan & Co. advises Bialetti Industrie SpA

Khaitan & Co. advises Bialetti Industrie SpA

Khaitan & Co. advised Bialetti Industrie SpA and successfully represented before the Hon’ble Bombay High Court in relation to dispute with the counter parties regarding termination of a Joint Venture agreement between them. The counter parties contended that termination and breach amounts to oppression and mismanagement of the minority shareholders and approached the Company Law Board (“CLB”) for consequent reliefs. The CLB dismissed the claim under Section 8 of the Arbitration and Conciliation Act, 1996 (“A&C Act”) since the disputes ought to be referred to arbitration. From this decision of the CLB, the counter parties filed an Appeal under Section 10F of the Companies Act, 1956 (“Act”), which we had opposed as not maintainable. The judgment and order dated 6 November 2012 is the first decision of the Hon’ble Bombay High Court has laid down the law requiring parties to use arbitration and not the courts to settle disputes. We hope that this will be a welcome sign for all foreign parties who can now look for speedy resolution of their disputes. The concerned Partners were Murali Neelakantan & Chakrapani Misra.

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