VidhiSangh

Supreme Court of India · 13/12/2023

IN RE: INTERPLAY BETWEEN ARBITRATION AGREEMENTS UNDER THE ARBITRATION AND CONCILIATION ACT 1996 AND THE INDIAN STAMP ACT 1899 versus .

[2023] 15 S.C.R. 1081 · 2023 INSC 1066

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Summary

A seven-Judge Bench held that non-stamping or insufficient stamping makes an agreement inadmissible in evidence, not void, and is a curable defect. Stamp objections are for the arbitral tribunal rather than the court under Sections 8 or 11. The Court overruled N.N. Global 2, SMS Tea Estates and the contrary portions of Garware Wall Ropes, while preserving stamp-law compliance before the tribunal.

Issues

  1. Whether an arbitration agreement in an unstamped or inadequately stamped instrument is void or non-existent.
  2. Whether referral courts or the arbitral tribunal should determine stamp objections.
  3. How the arbitration, stamp and contract statutes should operate together.

Provisions considered

Held

Result

Reference answered. The Registry was directed to obtain the Chief Justice’s administrative directions to place the individual matters before an appropriate Bench. The curative petition’s maintainability was left open; no final disposition of the underlying parties’ disputes was made.

Judgment PDF: Supreme Court of India, [2023] 15 S.C.R. 1081.