The Supreme Court of India recently decided upon a crucial issue of validity of an unstamped arbitration agreement. The five judge bench held that an instrument which is exigible to stamp duty, may contain an Arbitration Clause and which is not stamped, cannot be said to be a contract, which is enforceable in law within the meaning of the Contract Act.
Category: Commercial law
The Asian Business Law Institute recently released Model Clauses for Contracting in Asia under its Contract Laws in Asia project. Aarna Law is delighted to have contributed to the Model Clauses, offering expertise from the perspective of Indian law and practice.
Decided by the Supreme Court of India on May 20, 2022 Facts The Appellant had filed an application under Section 156(3) of the Code of Criminal Procedure (“Cr.P.C.”), seeking instructions …