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How would liquidation of company effect arbitration proceedings


20-Jan-2023 (In Arbitration Law)
While the arbitration proceeding was going on, it came to the notice that the company has gone into liquidation and HC has appointed an liquidator also. What would be it's effect on the proceeding. What should i do if i am for the opposite party ?
Answers (4)

Answer #1
526 votes
You should also file your claim before the liquidator and shall continue to contest this case as well before the arbitrator. You should further immediately file and application for an interim measure before the arbitrator considering the changes which has happened in recent situations.
Answer #2
950 votes
Arbitration proceedings are separate and independent to the company court. Award passed by the Arbitrator is a decree which can be executed and claim as per the Award would be settled through company court/O.L.
Answer #3
607 votes
Dear Sir,

Liquadation of a company can be of various types including creditors winding up. Therefore, it would be important to understand what kind of liquidation going on and where was it filed.

Once we have all the above information, I shall guide you correctly.

Thanks
Saurabh
Answer #4
912 votes
You can approach Arbitration Tribunal and file application seeking security of your claim under section 17, as after amendment, Arbitration Tribunal has power of Court and can dispose your application accordingly.

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