"I realise that some of my criticisms may be mistaken; but to refuse to criticize judgements for fear of being mistaken is to abandon criticism altogether... If any of my criticisms are found to be correct, the cause is served; and if any are found to be incorrect the very process of finding out my mistakes must lead to the discovery of the right reasons, or better reasons than I have been able to give, and the cause is served just as well."

-Mr. HM Seervai, Preface to the 1st ed., Constitutional Law of India.

Sunday, January 31, 2010

Paper in SSRN

I have written a paper titled "Arbitrability of Claims Relating to Fraud: Recent Developments in India". The paper can be found here.  

Abstract: This paper critically analyses the law on arbitrability of claims relating to fraud in India. Specifically, it comments on the case of N. Radhakrishnan v. Maestro Engineers and Ors. (MANU/SC/1758/2009) wherein the Supreme Court was of the opinion that where a dispute concerns serious allegations pertaining to fraud, such dispute cannot be referred to arbitration because of two reasons. One, proof of fraud and criminal misappropriation involved elaborate production of evidence and such a situation can not be properly gone into by the Arbitrator. Two, the party against whom allegations of fraud are made has the right to be cleared of the allegations in public, and not before a private arbitrator.

Comments on the paper are welcome.

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