Arbitrability of fraud in India and the United Kingdom: A judicial Magnum Opus

Chanda, Anirban and Shrivastava, Anujay (2020) Arbitrability of fraud in India and the United Kingdom: A judicial Magnum Opus. In: Global thoughts and opinions on the international law and international relations. LAW Learners, pp. 196-240. ISBN 9788194152484

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Abstract

In the recent past, arbitration has emerged as a legal mechanism that can act as a substitute to courts of law in order to decide upon issues of law between various parties. While arbitration has its advantages, various jurisdictions have limited the extent to which arbitration can be permitted to be proceeded forward due to the existing laws of a particular state. One of such limitations has been where allegations of fraud are invoked to stop any arbitration proceedings. This chapter intends to explore the limitations on arbitrability of fraud in two jurisdictions, namely India and the United Kingdom. The Indian jurisprudence on arbitrability of fraud during the 1940 Act regime and the 1996 Act regime shall be discussed, followed by the UK jurisprudence. In addition, an empirical evaluation of contemporary Indian precedents shall be made. The chapter concludes by discussing contemporary debates on arbitrability of fraud in India.

Item Type: Book Section
Keywords: Arbitrability | Fraud Simpliciter | Serious Fraud | UNCITRAL Model Law | Subject-matter
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Arjun Dinesh
Date Deposited: 27 Mar 2022 11:02
Last Modified: 27 Mar 2022 16:00
URI: https://pure.jgu.edu.in/id/eprint/1864

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