Takeaways from Ayyasamy: The Practical Impossibility of Determining “Serious Allegations of Fraud” and the Apprehension Towards Arbitration
A few months back, the Supreme Court of India attempted to set the issue of arbitrability of fraud at rest in the case of A. Ayyasamy v. A. Paramasivam [(2016) 10 SCC 386]. The court, while deciding an application under Section 8 held that although “mere allegations of fraud simplicitor” are arbitrable, “serious allegations of…