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January 20, 2021

Supreme Court opines that the ground that allegations of fraud are not arbitrable as a wholly archaic view, deserves to be discarded

A three-Judge Bench of the Supreme Court comprising of Justice Dr. DY Chandrachud, Justice Indu Malhotra, and Justice Indira Banerjee in the case of M/s. N.N. Global Mercantile Pvt. Ltd. v.  M/s. Indo Unique Flame Ltd. & Others, in the exercise of its civil appellate jurisdiction, has held that the ground- that allegations of fraud are not arbitrable as a wholly archaic view, which has become obsolete and deserves to be discarded. The Bench observed while holding rightly that the allegations of fraud concerning the invocation of the Bank Guarantee are arbitrable since it arises out of disputes between parties inter-se and is not in the realm of […]