Arbitrability Of Fraud Rashid Raza Vs. Sadaf Akhtar: Case Analysis

INTRODUCTION

In recent years, alternative dispute resolution has become a booster for global commercial activities and has changed the traditional perception on the role of national judicial systems. Arbitration is a popular mechanism for alternative dispute resolution and has secured its status as a valuable tool for settlement of different disputes. Arbitration as a mode of resolution of commercial disputes is making serious inroads in Indian jurisprudence. The 1996 Arbitration Act has been amended thrice since 1940, to keep up with the best practices of international arbitration. The time is not far when India will emerge as an international hub for arbitration.

Arbitrability of a matter means whether it is capable of arbitration.¹ The legislation neither defines arbitrability nor does it illustrate the matters which are capable of arbitration. However, the Supreme Court in Booz Allen² , not only defined arbitrability but also illustrated the matters which