Arbitration Reforms: The Case for Statutory Recognition of Arbitrability of Fraud

The Government of India has recently constituted an expert body to review the Arbitration and Conciliation Act, 1996 and propose reforms. One important reform would be the statutory recognition of arbitrability of fraud and to put an end to the ambiguity surrounding the issue. In India, the arbitrability of fraud has been developed entirely by case law,…

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Arbitration Reforms: The Imperative for Codifying the Residual Power of Courts to Modify Arbitral Awards

The power of courts to modify arbitral awards has been a subject of contention. It is important to settle this matter by enacting legislation that codifies the power of modification of awards. We argue that courts must have some discretion, i.e., residual power, to modify awards. Legislative intervention is necessary to bring clarity and consistency…

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Arbitrability of fraud- Has Ayyasamy been (implicitly) overruled?

There have been some significant judgements on the arbitrability of fraud recently i.e. – Rashid Raza v Sadaf Akhtar, Avitel Post Studioz Limited v. HSBC Pi Holdings (Mauritius) Limited and Deccan Paper Mills Co. Ltd. v. Regency Mahavir Properties (“Triad Judgements”). While these stopped short of explicitly overruling  A. Ayyasamy v A. Paramasivam, I argue that in fact Ayyasamy is implicitly overruled, and is no longer good law, in the wake of the observations in the Triad Judgments.  In my view, fraud…

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