Arbitrability of fraud in India (eBook, PDF) - Mishra, Abhinav
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Essay from the year 2017 in the subject Law - Comparative Legal Systems, Comparative Law, grade: 5/7, Damodaram Sanjivayya National Law University, language: English, abstract: An arbitration agreement is barred to the jurisdiction of civil courts under section 8 of the Indian Arbitration and Conciliation Act, 1996 (hereinafter, the Act) since the parties agree to settle disputes by a mechanism other than the ordinary court proceedings i.e. arbitration and such an agreement is not hit by sec 28 of Indian Contract Act, 1872. However, a legitimate question arises whether a civil court can try…mehr

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Essay from the year 2017 in the subject Law - Comparative Legal Systems, Comparative Law, grade: 5/7, Damodaram Sanjivayya National Law University, language: English, abstract: An arbitration agreement is barred to the jurisdiction of civil courts under section 8 of the Indian Arbitration and Conciliation Act, 1996 (hereinafter, the Act) since the parties agree to settle disputes by a mechanism other than the ordinary court proceedings i.e. arbitration and such an agreement is not hit by sec 28 of Indian Contract Act, 1872. However, a legitimate question arises whether a civil court can try those cases where the agreement is itself tainted by the elements of fraud. This issue has been dealt with comprehensively by the courts and has been settled, to a certain extent, by the Supreme Court in the case of A. Ayyasamy vs A. Paramasivam. The essay shall briefly deal with the cases which spurred the debate over arbitrability of fraud along with suggestions for further improvement.