Fraud case to be decided only by court and not arbitrator

But  according to the Supreme Court Judgment in the serious allegations of Fraud and Criminal Misappropriation the matter can only be decided by court and not by the Arbitrator.

What is the benefit if they can not see the cheating / Fraud involved in it and secondly the arbitrator can not decide in such matters.  Also pls. tell me will the arbitration fee of Rs 30,000/- be returned back if i choose arbitration.

Also some of the lawyers suggest that the institutional arbitrators are biased and arbitration can not decide in this case.  and i should go to civil court + criminal court to get justice. 

You should tell the concered authorties that arbitration is not possible since the case based on forged documents and arbitratotion court will not have the required infrastructure to record detailed evidence required in the case and you intend moving civil court and also filing a complaint with the police. In case police dos not lodge a FIR , then lodge a private complaint. Don,t waste time and money on arbitration.

Sachin,

Neither there is any estoppel as per the Judgement of the Apex Court nor there is any bar otherwise that you should not be participating in the Arbitration.  It is a right accrued to you by virtue of the contract and it is your sweet will whether or not to go for Arbitration. 

The only concern is that even in Arbitration if you are able to prove your case that in fact a fraud has been carried out then you may approach a court to get the guilty punished.

Evidently there is no bar that in a Arbitration proceeding no evidence could be adduced which might indicate the fact of perpetration of fraud by either of the party to the Arbitration.  The only question which as per the judgement of the Apex Court subsequently the party can move the appropriate court.

Best Regards

Daksh

Mr. Sachin, You have to exhaust your remedy of arbitration. You cannot assume things. Maybe fraud has been committed but the other sides views will have to be taken into account, so first get along with the arbitration proceedings and if not satisfied you have the appeal provisions and the High Court to prove yourself. 

On the other hand, if you hurry to the Civil court and the court directs you to exhaust your remedy by arbitration, you will have no other choice. So it is always better to go through the normal procedures though the matter is delayed and involves expenses.