MSM Satellite Pvt. Ltd. v World Sport Group Ltd.

1. Was the High Court right to injunct WSG from pursuing ICC arbitration?
2. Should the dispute go to ICC Singapore (as agreed) or stay before Indian courts?

• Under the New York Convention (mirrored in the Indian Act), courts must refer parties to arbitration unless the agreement is void, inoperative, or impossible to perform.
• Fraud/misrepresentation allegations by themselves do not make the clause invalid or non-performable.
• An arbitral tribunal can examine civil aspects of fraud or misrepresentation.

• Party Autonomy: Uphold chosen forum (ICC Singapore).
• Fraud Plea ≠ Bar: Does not, by itself, defeat the arbitration clause.
• Convention Duty: Courts must refer unless the clause is void/inoperative/impossible.

The decision supports international arbitration certainty in India: courts assist, not obstruct, when parties have clearly chosen a foreign seat and rules.

• Fraud allegations alone do not invalidate an arbitration clause.
• Courts should refer parties to ICC Singapore as agreed.
• New York Convention drives a pro-referral approach.

Mnemonic: “MSM ⇒ Move to Singapore, Mate.”

1. Say it: “Fraud plea ≠ clause fail.”
2. See it: A plane ticket from Mumbai to Singapore with “ICC” stamped.
3. Seal it: Refer unless the clause is void/inoperative/impossible.

New York Convention

Treaty requiring signatory courts to recognise and enforce arbitration agreements/awards, save narrow exceptions.

Inoperative Clause

A clause that cannot be used due to legal or factual impossibility.

Party Autonomy

Freedom of parties to choose arbitration seat, rules, and forum.