17 January, 2016
It was previously reported on the decision of the Indian Supreme Court in Swiss Timing Limited v Organising Committee, 2010 Olympic Games, Delhi ("Swiss Timing") in 2014 which overruled the previous leading Supreme Court authority, N Radhakrishnan vMaestro Engineering ("Radhakrishnan"), to hold that fraud allegations are capable of being adjudicated by arbitral tribunals.
However, some recent Indian High Court decisions have continued to apply Radhakrishnan, suggesting that Swiss Timing had not effectively overruled it, and casting doubt on whether arbitration agreements and awards will be upheld in cases involving "serious" allegations of fraud. In contrast, there have also been recent High Court decisions which have applied Swiss Timing and referred claims involving fraud to arbitration. Thus, arbitrability of fraud continues to be a vexed question in the context of arbitrations seated in India. For more information, please click here.
For further information, please contact:
Nicholas Peacock, Partner, Herbert Smith Freehills
nicholas.peacock@hsf.com
