Stamping Out The Uncertainty – The Supreme Court’s Way Forward For A Modern And Efficient Arbitration Regime For India
Kluwer Arbitration
FEBRUARY 17, 2024
The Supreme Court of India (“ Supreme Court ”), in its recent landmark judgment in In Re: Interplay between Arbitration Agreements under the Arbitration and Conciliation Act 1996 and the Indian Stamp Act 1899 (“ the 7J Judgment ”), provides welcome clarity on the question of enforceability of arbitration agreements contained in unstamped or inadequately stamped contracts, and reinforces principles of separability and Kompetenz-Kompetenz underlying the Indian Arbitration and Conciliation Act 1996
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