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ARTICLE · 18 MAY 2023

The Case Of Unstamped And/Or Insufficiently Stamped Documents

Various attempts have been made by the Legislature and the Courts alike to promote arbitration as a dispute resolution mechanism in India and help position the country globally as an arbitration friendly destination.

IndiaLitigation, Mediation & Arbitration
  • Various attempts have been made by the Legislature and the Courts alike to promote arbitration as a dispute resolution mechanism in India and help position the country globally as an arbitration friendly destination. To this end, the Indian Courts have attempted to protect the autonomy of the parties as the core of the arbitral process. However, the recent decision of the Supreme Court in NN Global Mercantile Pvt Ltd v Indo Unique Flame Ltd & Ors may impact the emerging 'arbitration friendly' status of India. In this matter, the Supreme Court by a majority of 3:2 has decided that an unstamped contract containing an arbitration clause and/or an unstamped arbitration agreement does not 'exist in law1 .'

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