Arbitration Agreement In Unstamped Contract Which Is Exigible To Stamp Duty Not Enforceable: Supreme Court Holds By 3:2 Majority
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Moreover, the majority opined that the Court at the Section 11(Arbitration and Conciliation Act) stage is bound to examine the instrument and if found to be unstamped or insufficiently stamped the instrument is to be impounded at this stage itself. The Amicus argued that in an application under Sect
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- Moreover, the majority opined that the Court at the Section 11(Arbitration and Conciliation Act) stage is bound to examine the instrument and if found to be unstamped or insufficiently stamped the instrument is to be impounded at this stage itself.
- The Amicus argued that in an application under Section 11 of the Arbitration and Conciliation Act, 1996 the Courts are confined merely to the examination of the existence of the agreement.
- was wide enough to allow the Arbitrator to make considerations with respect to the stamping of the document. He pointed out that as per Section 16, apart from jurisdiction, the Arbitrator is contemplated to rule on objections with respect to the ‘existence and validity of the arbitration agreement’,
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