A. Ayyasamy vs A. Paramasivam & Ors

The Supreme Court held that under Section 8 of the Arbitration and Conciliation Act, 1996, the existence of an arbitration agreement mandates referral of disputes to arbitration, even in cases where allegations of fraud are made. The Court found that the trial court and High Court erred in relying on the precedent set in N. Radhakrishnan v. Maestro Engineers, which was deemed per incuriam by the Court in Swiss Timing Ltd. v. Commonwealth Games 2010 Organising Committee. Consequently, the Court allowed the appeal and directed the matter to be referred to arbitration as per the partnership deed's arbitration clause.