Unless Serious Allegations Of Fraud Are Established, Parties Cannot Be Denied Reference To Arbitration U/S 8 Of A&C Act: Bombay HC

The Bombay High Court ruled that unless serious allegations of fraud are established, parties cannot be refused referral to arbitration under Section 8 of the Arbitration and Conciliation Act. Section 8 mandates the referral of disputes to arbitration if there is a valid arbitration agreement. The court emphasized that only when there are compelling allegations of fraud that permeate the entire contract can the court refuse to send the parties to arbitration.