DESPITE SUBMITTING A REQUEST TO THE MSME FACILITATION COUNCIL, THE REQUEST FOR AN ARBITRATOR APPOINTMENT MAY STILL BE MAINTAINED.

The Jharkhand High Court has ruled that the application for the appointment of an arbitrator cannot be deemed to be unreliable simply because one of the parties sought the Facilitation Council’s decision on a related dispute under the Micro, Small, and Medium Enterprises Development Act, 2006 (MSME Act). Even though similar matters were pending before the Facilitation Council under the MSME Act, the Single Bench of Justice Sujit Narayan Prasad ruled that this could not be used as a justification for dismissing the application for the appointment of an arbitrator as unmaintainable in light of the arbitration agreement between the parties.

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