Reliance Communications Limited v. State of Bihar - Synopsis
Team SoOLEGAL 4 Aug 2020

In the case, Reliance Communications Limited v. State of Bihar, Civil Writ Jurisdiction Case No.8077 of 2018, the Patna High Court held that there was no ambiguity between Section 80 of the Arbitration Act,1996 and Section 18(3) of the Micro, Small and Medium Enterprises Development Act, 2006, and that the overriding clause applied only in the case of such ambiguity. Moreover, the considered fiction under Section 18(3) does not mean that the parties have decided that a conciliator would also have authority to serve as an arbitrator. Therefore, after conciliation is undertaken by the Council in a dispute, serving as an arbitrator in the same dispute is prohibited.


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