Interplay Between Arbitration Agreements Under The Arbitration And Conciliation Act, 1996 And The Indian Stamp Act, 1899

"THE VALIDITY OF AN ARBITRATION AGREEMENT CONTAINED IN AN UNSTAMPED INSTRUMENT"- THE LAW LAID DOWN BY THE HON'BLE SUPREME COURT IN A LANDMARK JUDGMENT.

Recently, on December 13, 2023, a seven-judge bench of the Hon'ble Supreme Court while answering a reference in the matter titled "In Re: Interplay between Arbitration Agreements under The Arbitration and Conciliation Act 1996 And The Indian Stamp Act 1899" , has settled the law regarding the validity of an arbitration agreement where the underlying contract is unstamped. The challenge before the seven-judge bench was to harmonize the provisions of the Arbitration and Conciliation act, 1996 (hereinafter referred to as "the Arbitration Act") and the Indian Stamp Act, 1899 (hereinafter referred to as "the Stamp Act"). The reference was decided by a bench comprising of Chief Justice of India D.Y. Chandrachud, Justice Sanjay Kishan Kaul, Justice B.R. Gavai, Justice Surya Kant, Justice J.B. Pardiwala, Justice Manoj Misra