Arbitrability of Claims Relating to Fraud: Recent Developments in India

8 Pages Posted: 2 Jan 2010

Date Written: January 1, 2010

Abstract

This paper critically analyses the law on arbitrability of claims relating to fraud in India. Specifically, it comments on the case of N. Radhakrishnan v. Maestro Engineers and Ors. (MANU/SC/1758/2009) wherein the Supreme Court was of the opinion that where a dispute concerns serious allegations pertaining to fraud, such dispute cannot be referred to arbitration because of two reasons. One, proof of fraud and criminal misappropriation involved elaborate production of evidence and such a situation can not be properly gone into by the Arbitrator. Two, the party against whom allegations of fraud are made has the right to be cleared of the allegations in public, and not before a private arbitrator.

Keywords: Arbitrability, Fraud, N. Radhakrishnan v. Maestro Engineers, Arbitration and Conciliation Act, 1996, Reference to Arbitration

JEL Classification: K10, K30, K41

Suggested Citation

Srinivasan, Badrinath, Arbitrability of Claims Relating to Fraud: Recent Developments in India (January 1, 2010). Available at SSRN: https://ssrn.com/abstract=1530182 or http://dx.doi.org/10.2139/ssrn.1530182

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