The Delhi High Court bench of Justice Prateek Jalan held that the public policy argument while considering enforcement of foreign awards has to be construed narrowly and in consonance with.
Supreme Court Arbitration Clauses In Unstamped Agreements Enforceable : Supreme Court 7-Judge Bench Overrules NN Global Decision Case Title: In Re Interplay Between Arbitration Agreements.
Supreme Court: Arbitration Agreement In Unstamped Contract Which Is Exigible To Stamp Duty Not Enforceable: Supreme Court Holds By 3:2 Majority Case Title: M/s. N.N. Global Mercantile Pvt Ltd.
The Bombay High Court, while dealing with a petition seeking enforcement of a foreign arbitral award, has observed that the “pro-enforcement bias” in the New York Convention has been specifically.
Supreme Court: Allegations Of Fraud are Arbitrable When They Relate To Civil Dispute
A recent judgment of this Court in Avitel Post Studioz Limited and Ors. v. HSBC PI Holdings (Mauritius) Limited18 has examined the law on invocation of fraud exception in great detail and holds that N. Radhakrishnan as a precedent has no legs to stand on. We respectfully concur with the said view and also the observations made in paragraph 14 of the judgment in Avitel Post Studioz Limited, which quotes observations in Rashid Raza v. Sadaf Akhthar MANU/SC/1249/2019 : (2019) 8 SCC 710:
4. The principles of law laid down in this appeal make a distinction between serious allegations of forgery/fabrication in support of the plea of fraud as opposed to simple allegations . Two working tests laid down in para 25 are: (1) does this plea permeate the entire contract and above all, the agreement of arbitration, rendering it void, or (2) whether the allegations of fraud touch upon the internal affairs