Topic

unconditional stay

1 articleLatest May 2026
Section 36(3) Arbitration Act | Arbitrator Bias Does Not Constitute Fraud for Unconditional Stay; Conditional Stay Granted on Security Deposit : Calcutta HC
Case Law Analysis
|Calcutta High Court

Section 36(3) Arbitration Act | Arbitrator Bias Does Not Constitute Fraud for Unconditional Stay; Conditional Stay Granted on Security Deposit : Calcutta HC

The Calcutta High Court ruled that arbitrator bias, even with public evidence like attendance at events, does not meet the threshold of 'fraud' under Section 36(3) of the Arbitration Act to warrant an unconditional stay of a ₹765.78 crore award. The court granted a conditional stay pending deposit of security, setting a precedent on the narrow interpretation of fraud in arbitration enforcement.