Contract Act Archives

News & Insights

Podcast

Non-payment of stamp duty does not invalidate an arbitration agreement

By aarnalaw Posted on January 6, 2024 Posted in Blogs, News No Comments Tagged with arbitration, Arbitration Act, arbitration agreement, arbitration law, contract, Contract Act, enforceability, N.N. Global, stamp, Stamp Act, stamp duty

Despite an earlier ruling, upon further review a seven-judge bench of the Supreme Court held that non-payment of stamp duty is a curable defect and unstamped contracts, though inadmissible as evidence, do not invalidate arbitration agreements.

Invocation of arbitration under an unstamped or insufficiently stamped agreement

By aarnalaw Posted on May 14, 2023 Posted in Blogs, Commercial law, Dispute resolution No Comments Tagged with arbitration, Contract Act, stamp, Stamp Act, Supreme Court of India, unstamped arbitration agreement

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.

Tag: Contract Act

Non-payment of stamp duty does not invalidate an arbitration agreement

Invocation of arbitration under an unstamped or insufficiently stamped agreement