In Brief
In this arbitration case, the appellant sought appointment of an arbitrator to resolve a partnership dispute with the respondent under a partnership deed arbitration clause. The respondent opposed the application, arguing that allegations of fraud and misappropriation of funds made the dispute non-arbitrable. The Supreme Court held that where fraud allegations do not vitiate the arbitration agreement itself and concern only internal business matters between the parties rather than public policy issues, the dispute remains arbitrable. The Court distinguished between 'serious' fraud allegations (which void the agreement) and 'simple' allegations (which are arbitrable). The judgment set aside the lower court's order and upheld the arbitrator's appointment."
The lawyer headnote and full judgment text are available to registered users.