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ARTICLE · 27 APRIL 2021

Revisiting Arbitrability Of Frauds In India

Economic Laws Practice
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In legalese, there exists a rather mundane and oft-quoted phrase – "fraud vitiates everything".

IndiaCriminal Law
Naresh Thacker
Naresh Thacker
Samarth Saxena
Samarth Saxena
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In legalese, there exists a rather mundane and oft-quoted phrase – "fraud vitiates everything". While this phrase has generally stood the test of time in Indian courts, its pertinence, when arbitrating frauds, has had a truly eventful journey. A journey spanning six decades, two legislations and at least eight landmark Supreme Court (SC) judgements. Most recently, the SC has re-examined the issue with considerable brevity in Vidya Drolia & Ors. v. Druga Trading Corporation1 (Vidya Drolia) and N.N. Global Mercantile Pvt. Ltd. v. Indo Unique Flame Ltd. &Ors2 (N.N. Global Mercantile). In this article, the authors seek to analyze the conspectus of Indian precedents on arbitrability of fraud and ascertain whether Vidya Drolia and N. N. Global Mercantile are really the final pieces to this intriguing puzzle.

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