[The following
guest post is contributed by Bhushan
Shah & Jogan Punjabi from Mansukhlal Hiralal & Company. The views
expressed in the post are personal]
guest post is contributed by Bhushan
Shah & Jogan Punjabi from Mansukhlal Hiralal & Company. The views
expressed in the post are personal]
Arbitrability of fraud has been a
highly contested issue in the field of alternative dispute resolution. The
Supreme Court in N Radhakrishnan v Maestro Engineers
and Ors (“Radhakrishnan
Case“) held that cases where fraud and serious malpractices are
alleged can only be settled by judicial proceedings and cannot be subject to arbitration.
However, recently the apex court in
highly contested issue in the field of alternative dispute resolution. The
Supreme Court in N Radhakrishnan v Maestro Engineers
and Ors (“Radhakrishnan
Case“) held that cases where fraud and serious malpractices are
alleged can only be settled by judicial proceedings and cannot be subject to arbitration.
However, recently the apex court in