Law on issues surrounding the overlap of Arbitraton and
MSMED Act is still evolving and the Supreme Court is yet to clarify
its legal position on many related aspects.
Arbitration as a mode of Alternate Dispute Resolution has been
around for a long time now. The jurisprudence around arbitration
has been evolving systematically and, with vigour. However, apart
from being formally recognised under the Arbitration and
Conciliation Act, 1940 and subsequently under the Arbitration and
Conciliation Act, 1996 (hereinafter referred to as
'the Arbitration Act'), arbitration has been
incorporated as a mode of dispute resolution under the Micro, Small
and Medium Enterprises Development Act, 2006 (MSMED Act).
