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december 2023

Supreme Court of India · 2023-12-13

IN RE INTERPLAY BETWEEN ARBITRATION AGREEMENTS UNDER THE ARBITRATION AND CONCILIATION ACT 1996 AND THE INDIAN STAMP ACT 1899. vs

Citation / case number
SC 2022/40099
Court
Supreme Court of India
Petitioner
IN RE INTERPLAY BETWEEN ARBITRATION AGREEMENTS UNDER THE ARBITRATION AND CONCILIATION ACT 1996 AND THE INDIAN STAMP ACT 1899.
Author
HON'BLE THE CHIEF JUSTICE

Judgment text excerpt

The Supreme Court examined the interplay between arbitration agreements under the Arbitration and Conciliation Act, 1996, and the Indian Stamp Act, 1899. The Court analyzed whether failure to stamp arbitration agreements affects their admissibility or validity, emphasizing that Section 35 of the Stamp Act renders a document inadmissible but not void. The judgment clarifies the procedural and substantive implications of non-stamped arbitration agreements, ultimately reinforcing the autonomy of arbitration proceedings while addressing the legal consequences of stamp duty non-compliance.

IN RE INTERPLAY BETWEEN ARBITRATION AGREEMENTS UNDER THE ARBITRATION AND CONCILIATION ACT 1996 AND THE INDIAN STAMP ACT 1899. vs · Niyam