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Title: Arbitrability of fraud in India: The Rashid Raza test for complex fraud
Authors: Chanda, Anirban
Shrivastava, Anujay
Keywords: Arbitrability”
Arbitration Act 1940
Issue Date: 23-Dec-2019
Publisher: IndiaCorpLaw
Citation: Chanda, A and Shrivastava, A. (December 23, 2019). Arbitrability of fraud in India: The Rashid Raza test for complex fraud.
Description: The term “arbitrability” generally connotes the capability of a dispute or classes of disputes that can be settled by an arbitrator.[1] As far as the Indian legislation is concerned, neither the erstwhile Arbitration Act 1940 nor the Indian Arbitration and Conciliation Act 1996 expressly classifies any dispute to be not capable of settlement by arbitration. This position did not change in the 2015 Amendment or the recent 2019 Amendment to the 1996 Act. Therefore, in India, the arbitrability of a subject-matter is to be decided by the judicial authorities, who may ultimately choose to interfere with arbitration proceedings on a dispute, should they find a dispute to be non-arbitrable.
Appears in Collections:JGU Publications: Popular Articles, Literary items, Opinions, Reviews etc.

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