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Title: Arbitrability of fraud in India and the United Kingdom: A judicial Magnum Opus
Authors: Chanda, Anirban
Shrivastava, Anujay
O. P. Jindal Global University
Keywords: Arbitrability
Fraud Simpliciter
Serious Fraud
Issue Date: Mar-2020
Publisher: LAW Learners
Citation: Chanda, A. and Shrivastava, A. (2020). Arbitrability of fraud in India and the United Kingdom: A judicial 'Magnum Opus'. In In Venkata Rao (ed). Global thoughts and opinions on the international law and international relations (pp.196-240). LAW Learners.
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.
ISBN: 9788194152484
Appears in Collections:JGU Student Research Publications

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