Arbitration Clause in Unstamped Agreement would not “exist” till agreement is stamped, SMS Tea Estate good law, Supreme Court

Murali Krishnan April 11 2019
wilful defaulter

The Supreme Court yesterday held that an arbitration clause that is contained in a contract would not “exist” as a matter of law until the contract is duly stamped.

Thus, when the Supreme Court or the High Court considers an application under Section 11(4) to 11(6) under Arbitration and Conciliation Act, 1996 (Act) and comes across an arbitration clause in an agreement or conveyance which is unstamped, it is enjoined by the provisions of the Indian Stamp Act, 1899 (Indian Stamp Act) to first impound the agreement . . .

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