Understanding Arbitrability of Fraud through Case Analysis

Arbitrability of fraud has been a major issue in Indian Arbitral regime for a very long time. Enforcement of arbitration agreement has become troublesome because of allegations of fraud raised by parties. There are no express provisions to prohibit arbitrability of fraud claims in the Indian Arbitration and Conciliation Act, 1996. Indian jurisprudence has taken great strides in the past year towards achieving parity with the international trends in respect of the arbitrability of fraud. While courts have been hitherto disinclined to refer disputes concerning fraud to arbitration, recent developments demonstrate a departure from this conservative approach. This paper aspires to arrive at an approach to deal with the same after a careful analysis. Present paper analyze arbitrability of fraud in UK in comparison to India.