For an arbitration clause to be legally binding it has to be in consonance with the “operation of law” which includes the Grundnorm (Kelson’s Pure Theory) – Lombardi Engineering Ltd. Vs. Uttarakhand Jal Vidyut Nigam Ltd. – Supreme Court

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Wherever required the Resolution Applicant may approach/have all liberty to approach the concerned statutory/ competent authority for any concession, waiver or exemption as per prevailing law(s) of the land – Shri Bhupendra Singh Narayan Singh Rajput RP of Alps Pharmaceuticals Pvt. Ltd. Vs. Jayesh Kanaiyalal Shukla & Ors – NCLT Ahmedabad Bench

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