...:“50. The issue of arbitrability of fraud has arisen on numerous occasions and there exist conflicting decisions of the Apex Court on this issue. While it has been he...matter of first principle, this Court has not held that a mere allegation of fraud will exclude arbitrability. The burden must lie heavily on a party which avoids compliance with the obligation...assumed by it to submit disputes to arbitration to establish the dispute is not arbitrable under the law for the time being in force. In each such case where an objection on the ground of fraud and criminal wrongdoing is raised, it ...

...fraud are not arbitrable. 6. It is relevant to note that the question of arbitrability of fraud is no longer res integra. In Vidya Drolia v. Durga...Trading Corporation1, the Supreme Court discussed the law on arbitrability of fraud. The Court concurring with the decision in Rashid Raza v. Sadaf...Ltd. v. HSBC PI Holdings (Mauritius) Ltd., (2021) 4 SCC 713 : 2020 SCC OnLine SC 656] has examined the law on invocation of "fraud exception...

..., now the question that arise before this Court is whether serious allegations of fraud exist in the present case, so as to make the entire dispute non-arbitrable. 7. It is relevant to note that the qu...under Section 8 should be rejected. The law on arbitrability of fraud was further clarified by the Supreme Court in Rashid Raza v. Sadaf Akhtar.... Further, where serious allegations of fraud and forgery exists, the disputes are not arbitrable. Findings of the Court: 5. As...

...which hold that fraud is one such category where the dispute would be considered as non-arbitrable. Elucidating on the exclusion, he observed that pleading of a mere allegation of fraud by one party is not enough. ...statute, on the basis of public policy, can expressly or by implication restrict or prohibit arbitrability of disputes. To this extent there is uniformity and consensus. However, N. Radhakrishnan while accepting that the di....208. In A. Ayysamy v. A. Paramsivam, (2016) 10 SCC 386, this Court had to deal with an issue concerning the arbitrability of fraud under the Act, prior to the 2015...

...arbitrability of fraud & fabrication of Bank Guarantee. It has nothing to do with the powers of DRT/DRAT under the provisions of 1993 Act or of 2002 Act. It was a case arising under t...discharged, absolutely because of, (a) Novatio inasmuch as new transaction has been brought about by executing a whole lot of new loan documents; and (b) there is fraud & fabrication of documents...(DEAD) BY LRs v. JAGANNATH (DEAD) BY LRs1in support of his contention that all transactions stand voided by virtue of fraud...

...take note of the response filed denying such fact. It is not a severe allegation of forgery/fabrication in support of the plea of fraud as opposed to the unadorned accusation. In a similar circumstance, wh..., we overrule the ratio in N. Radhakrishnan, inter alia observing that allegations of fraud can (sic cannot) be made a subject-matter of arbitration when they relate to a civil dispute. This is subject to the caveat that ...underlying contract and the arbitration clause itself would serve as an exception to the contemporary view on arbitrability of fraud. 21. What further requires...

...a condition precedent for making a reference and thereby the allegations of fraud, forgery and fabrication are not relevant grounds to be considered at the pre-reference stage. 14. The issue ...when there are serious allegations of fraud and malpractice, it is always incumbent on the part of Civil Court to examine the controversy between the parties and cannot refer to an arbitrator which is...allegations of fraud and forgery. The Apex Court in the above cited judgment was of the view that, scope of examination is only in regard to existence of valid and enforceable arbitration agreement as...

...Special Leave Petition before this Court where it was contended, inter alia, that the dispute is non- arbitrable under Indian law as it involved allegations of fraud which included serious criminal offenses such... 2024 INSC 242 REPORTABLE IN THE SUPREME COURT OF INDIA... CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 3835 - 3836 OF 2024 (ARISING OUT OF SLP (CIVIL) NOS. 5741 - 5742 OF 2024) [DIARY NO. 26172 ...

...are as under: 50. The issue of arbitrability of fraud has arisen on numerous occasions and there exist conflicting decisions...forged. Therefore, the case falls within the nature of fraud, thereby, the Arbitrator has no power to decide the issue and only the Civil Court has to decide the issues between the parties. Thereby...document for deciding the allegation of fraud or liability of appellant to pay interest. The award shows that the promissory note dated 10.07.2007 was marked as Ex.P.2 and the same is also referred by...

...?" 7.2 Thus, it can be seen that the subject matter of arbitrability cannot be decided at the stage of Section 8 of the Act. The Hon'ble Supreme Court of India specifical...resulting in fraud and huge financial loss and therefore, when serious allegations of fraud are made in the plaint arbitration cannot be resorted to. E. The Order of... Trust2, held that the present nature of disputes requires to be decided only by a public forum and since allegations pertaining to fraud and malpractices are raised, the...

...Para 50 & 51 which are as under:“50. The issue of arbitrability of fraud has arisen on numerous occasions and there exist conflicting decisions of the Apex Court on this issue.... 1 to 3 (*RRB, Mr. Rakesh Bakshi and Henrik Norremark) have colluded and connived With each other to perpetrate a fraud of a grave and egregious nature whereby they have jointly in collusion with each...the names of the parties.)13. A perusal of the aforesaid two paras clearly shows that the Vestas are alleging fraud, deceit and collusion which is of grave and egregious nature between...

...jurisdiction and by relegating the party under Section 16 would be unnecessary duplicity in light of the fact that the very issues of non-arbitrability and fraud will have to be argued before the Tribunal...713, where working tests were laid down to decide the issue of non-arbitrability. When the allegations of fraud permeate the entire contract, it would render the agreement itself void. He... European law". Dealing with arbitrability of matters of fraud, the treatise contains the following statement...

...issue of arbitrability of fraud has arisen on numerous occasions and there exist conflicting decisions of the Apex Court on this issue. While it has been held in Bharat... dismissing the application of the appellant under Section 8 of the Act holding that as there are serious allegations as to fraud and malpractices committed by the appellant in respect...an arbitration agreement between them? Obviously, in such a case, the Court is to pronounce upon arbitrability or non-arbitrability of the disputes...

... ""50. The issue of arbitrability of fraud has arisen on numerous occasions and there exist conflicting decisions of the Apex Court on this issue...allegations as to fraud and malpractices committed by the appellant in respect of the finances of the partnership firm and the case does not warrant to be tried and decided by the...pronounce upon arbitrability or non-arbitrability of the disputes. In the instant case, there is no dispute about the arbitration...

...September, 2013, the petitioner and respondent No.3 filed their response on 21stOctober, 2014 and raised certain Preliminary Objections viz., alleged non-arbitrability of fraud, expiry...three months prescribed under the arbitration agreement(s) for passing the award has come to an end; and secondly, the respondents No.1 and 2 have levelled allegations of fraud against the petitioner and...stands terminated on account of, inter alia, the respondent Nos.1 and 2 making serious allegations of fraud against the petitioner and further expiry of the mandatory time period in terms of...

...on the arbitrability of IP disputes. 17/31 23. In the cases of A. Ayyasamy vs. ...Vidya Drolia, arbitrability of disputes in India was primarily determined by the criteria laid down by the Honourable Supreme Court in the case of.... Until 2020, the issue of arbitrability of Intellectual Property disputes was always contested based on the aforesaid tests. 22. The dictum of the Hon'ble Supreme...

..., which are as under: "50. The issue of arbitrability of fraud has arisen on numerous occasions and there exist conflicting decisions of...Tribunal has held that the dispute is not arbitrable on the ground of fraud played by the Appellant. 2. Shorn of unnecessary details, the facts in brief, leading to the filing...was referred to the Delhi International Arbitration Centre (DIAC). It is stated that a Sole Arbitrator was appointed. Before the Ld. Sole Arbitrator, the allegations of fraud were pointed out. However...

...under: ""50. The issue of arbitrability of fraud has arisen on numerous occasions and there exist conflicting decisions of the Apex Court on...holding that as there are serious allegations as to fraud and malpractices committed by the appellant in respect of the finances of the partnership firm and the case does not...? Obviously, in such a case, the Court is to pronounce upon arbitrability or non-arbitrability of the disputes. In the instant case, there is no...

...arbitrability of fraud. It was held that there were representations and warranties made when the contract was in its advanced stage of negotiation to induce the claimant (HSBC) to invest in the company and... 5. Per contra, learned Counsel appearing on behalf of NHAI has submitted that the consent of Sangam under the Agreement was not obtained by any misrepresentation or fraud. The K...or fraud by NHAI. 5.1 It was further submitted that prior to making of a bid, the assessment of actual quantum of user fee collection has to be made by a bidder in terms...