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Showing posts with the label commercial dispute

Arbitration cannot be rejected on mere allegation of fraud

IN THE SUPREME COURT OF INDIA Civil Appeal Nos. 8245-8246 of 2016 Decided On: 04.10.2016 Appellants: A. Ayyasamy Vs. Respondent: A. Paramasivam and Ors. Case Note: Arbitration - Agreement - Maintainability of suit - Applicability of precedent - Section 8 of Arbitration and Conciliation Act, 1996 - Parties had entered into deed of partnership containing arbitration Clause - Respondents filed civil suit - Appellant moved application under Section 8 of Act, 1996 raising objection to maintainability of suit in view of arbitration agreement between parties - Trial Court dismissed application, relying upon judgment in N. Radhakrishnan v. Maestro Engineers and Ors. - Appellant preferred petition before High Court - High Court had also chosen to go by dicta laid down in N. Radhakrishnan - Hence, present appeal - Whether view of High Court in following dicta laid down in case of N. Radhakrishnan was correct or not - Whether dispute raised by Respondents in suit was incapable of sett...