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When there is an arbitration agreement and one party alleges "serious fraud" by the other, the dispute cannot be arbitrated; it should go before a civil court. However, if the alleged fraud is not serious and it is seen only as an allegation to wriggle out of the contract, arbitration can be invoked. The arbitrator can decide the allegation of simple fraud. This clarification was made by the Supreme Court in its judgment, A Ayyasamy vs A Paramasivam. In this case, five brothers disagreed over the running of a hotel which they had inherited from their deceased father. Four brothers alleged that the eldest fudged the accounts, and took him to the civil court. The eldest brother invoked the arbitration clause. The district court and the Madras High Court rejected his prayer as, according to them, allegation of fraud would bar arbitration. Reversing their views, the Supreme Court appointed a retired high court judge as the arbitrator. It observed that arbitration becomes impossible only wh