Autonomy Of Arbitral Tribunals And Admissibility Of Documents

When a review petition is dismissed by the highest court of the land – the Supreme Court, all does not come to an end. The Supreme Court in true exercise of its supreme powers grants one last constitutional remedy – the curative petition¹. The remedy is based on the premise that an act of the court shall prejudice no one – actus curiae neminem gravabit.²

This remedy was invoked once again in Re: Interplay Between Arbitration Agreements under the Arbitration and Conciliation Act, 1996 and the Indian Stamp Act, 1899³ ("Curative Petition"), wherein a seven-Judge constitutional bench has unequivocally declared that the failure to pay stamp duty on the underlying contract does not render the arbitration agreement invalid, unenforceable, or non-existent. This ruling reaffirms the parameters of judicial interference in matters of arbitration and the authority vested with the arbitral tribunal.