The case of Anupam Mittal Vs. People Interactive (India) Pvt. Ltd highlights the significance of the National Company Law Tribunal’s exclusive jurisdiction for claims for oppression and mismanagement and throws light on the Indian Courts’ approach to issues of arbitrability and anti-enforcement injunctions against orders of foreign courts.
Arbitrating in India can involve recalcitrant respondents trying to frustrate the proceedings, and claimants trying to bring claims that would ideally be litigated before courts. Unfortunately, the jurisprudence around whether a claim is arbitrable or not has not followed a consistent pattern yet it can have profound consequences for the parties involved.
It therefore becomes essential to understand the state of play when it comes to understanding which disputes are arbitrable under Indian law including for the purposes of this article when there are allegations of fraud.