Executive Summary

Arbitrability of fraud has been, and continues to be, a controversial issue under Indian law. The Indian courts, at one point, considered arbitrators as not competent to deal with "complex" issues such as fraud. This attitude has, however, evolved overtime towards a pro-arbitration stance and an increased respect for the principle of competence-competence of the arbitrator. In fact, since 2012, the Indian courts generally appear to be more comfortable in placing faith in arbitration as an alternative and independent means of dispute resolution, which has trickled down to the ...