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Arbitration and Conciliation Act, 1996 - Section 8 - Reference to Arbitration Clause - A plea of fraud - Two conditions which must be satisfied before the Court can refuse to refer the matter to the Arbitrator, a forum consciously decided by parties in an agreement - First is whether the plea permeates the entire contract and above all, the arbitration agreement, rendering it void or secondly, whether the allegation of fraud touches upon the internal affairs of the parties inter se having no implication in the public domain - Supreme Court of India Judgements
SUPREME COURT OF INDIA DIVISION BENCH SUSHMA SHIVKUMAR DAGA AND ANOTHER — Appellant Vs. MADHURKUMAR RAMKRISHNAJI BAJAJ AND OTHERS — Respondent ( Before : Aniruddha Bose and Sudhanshu Dhulia, JJ. ) Civil Appeal No. 1854 of 2023 Decided on : 15-12-2023 A. Arbitration and Conciliation Act, 1996 – Section 8 – Reference to Arbitration Clause […]
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