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Supreme Court of India

A. Ayyasamy v. A. Paramasivam & Ors.

Neutral citation
Reported as [2016] 11 S.C.R. 521
Bench A.K. Sikri J.
Decided 4 October 2016

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

14 Supreme Court benches have cited this judgment.

What the Court ordered

For the above reasons, I agree with the eloquent judgment of my learned brother in coming to the conclusion that a mere allegation of fraud in the present case was not sufficient to detract from the obligation of the parties to submit their disputes to arbitration.

Judgment, page 39

From the headnote

Arbitration and Conciliation Act, 1996: s. 8 - Application under - Qziestioning the maintainability of the suit on the ground that the parties had agreed to settle the dispute through arbitration - Application dismissed holding that suit was maintainable as the case involved serious allegations as to fraud and malpractices - The order affirmed by High Court - On appeal, held: The cases where there are serious allegations of fraud that in normal course constitute criminal offence, and are complex in nature demanding extensive evidence, are to be treated as non-arbitrable and civil court should

Authorities it was built on

Where later benches applied it

Of those, 6 relied on · 7 referred to · 1 not applicable

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