October 8, 2012
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Relevant Act : Companies Act, 1956. Decided Case Law : Haryana Telecom Ltd Vs Sterlite Industries (India) Ltd. Case Decided by : Supreme Court Clarification : The Arbitrator can refer the matters relating to disputes for which he is empowered to decide. An Arbitrator, not withstanding any agreement between the parties, would have no jurisdiction to order winding up of a Company, since such power is conferred on High Court by the Companies Act, 1956 and referral of a winding up petition under Section 8 of the Arbitration & Conciliation Act, 1996 was dismissed.