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April 2024

Allied Laws

By Dr. K. Shivaram, Senior Advocate, Rahul K. Hakani | Shashi Bekal, Advocates
Reading Time 8 mins

55 In Re: Interplay between Arbitration Agreements under the Arbitration and Conciliation Act, 1996 and the Indian Stamp Act, 1899

AIR 2024 Supreme Court 1

Date of Order: 13th December, 2023

Arbitration Agreement — Unstamped agreement or insufficiently stamped agreement — Validity- Reference to a larger Bench — Curable defect — Enforceable- Principle of severability — Doctrine of competence — Agreement neither void nor voidable — [S. 7, 8, 11, Arbitration and Conciliation Act, 1996; S. 33, 35, Indian Stamps Act, 1899; S. 2(g), Indian Contract Act, 1872].

FACTS

An arbitral agreement between two or more parties is an underlying contract usually in the form of a clause in an original agreement / contract or a separate arbitral agreement based on the original agreement. This original agreement, thus, is an instrument which is mandated to be stamped under the Indian Stamps Act, 1899 (Stamp Act). Whenever an application is made before a court for the appointment of an arbitrator under section 8 of the Arbitration and Conciliation Act, 1996, an argument is normally made that the original agreement is not sufficiently stamped and thus, the arbitr

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