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Corporate Law

Civil aspect of fraud can be adjudicated by an Arbitral Tribunal

Case Law Details

Case Name
N.N. Global Mercantile Pvt. Ltd. Vs Indo Unique Flame Ltd. & Others (Supreme Court of India)
Date of Judgement/Order
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Advertisement N.N. Global Mercantile Pvt. Ltd. Vs Indo Unique Flame Ltd. & Others (Supreme Court of India) Conclusion: The arbitration agreement would not be rendered invalid, un-enforceable or non-existent, even if the substantive contract is not admissible in evidence, or cannot be acted upon on account of non-payment of Stamp Duty. The civil aspect of fraud is considered to be arbitrable in contemporary arbitration jurisprudence, with the only exception being where the allegation is that the arbitration agreement itself is vitiated by fraud or fraudulent inducement, or the fraud goes...
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