ISSUE:
Whether the validity of the Bombay High Court's injunction judgement, which barred WSG from pursuing ICC arbitration and favoured MSM's accusations of fraud and deception?
Whether the parties' disagreement should be resolved through Singapore ICC arbitration, as agreed in their agreement, or through Indian courts.?
RULE:
According to the New York Convention, which is similar to the Indian Arbitration and Conciliation Act, an arbitration agreement does not become void or incapable of performance just because the dispute involves charges of misrepresentation. Courts cannot refuse to refer a case to arbitration only because one side has claimed fraud. An arbitration panel has the ability to resolve disputes involving fraud or misrepresentation. Courts must send a dispute to arbitration if the parties' agreement contains an arbitration clause, unless the agreement is "void, inoperative, or impossible to perform."