Mere Allegation of Fraud – No longer an Obstruction to Arbitration Proceedings
There is a perception that arbitration proceedings in India are plagued with delays, interventionist courts, and parties attempting to scuttle the proceedings. A mere allegation of fraud was often enough to obstruct an arbitration proceeding on the ground that the criminality underlying the fraud would render the dispute non-arbitrable. This is no longer the case.
A major factor in making arbitration proceedings efficient is minimal judicial intervention. However, parties often subvert and delay arbitral proceedings…