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ARTICLE · 20 MAY 2020

Interplay Between The Validity Of Arbitration Agreements And Stamping Requirements

The Arbitration regime in India has been ever-developing and coming up with fresh recommendations to speed up the procedure and with minimal judicial intervention.

IndiaLitigation, Mediation & Arbitration

INTRODUCTION - STAMPING REQUIREMENTS

The Arbitration regime in India has been ever-developing and coming up with fresh recommendations to speed up the procedure and with minimal judicial intervention.

The Courts are required to dispose of an application under Section 11 (13) of the Arbitration & Conciliation Act, 1996, for an appointment of an arbitrator, within a period of sixty days from the date of service of notice on the opposite party.

It is imperative to note that Section 11 of the Arbitration & Conciliation Act, 1996 has been further amended under the Arbitration & Conciliation (Amendment) Act, 2019 which is yet to come into effect. The said amendment gives power to the Supreme Court of India and the High Courts to designate arbitration institutions graded by the Arbitration Council of India for appointment of arbitrators and the Courts to have no interference in the same.

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Disclaimer: The information contained in this document is intended for informational purposes only and does not constitute legal opinion, advice or any advertisement. This document is not intended to address the circumstances of any particular individual or corporate body. Readers should not act on the information provided herein without appropriate professional advice after a thorough examination of the facts and circumstances of a particular situation. There can be no assurance that the judicial/quasi-judicial authorities may not take a position contrary to the views mentioned herein.

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