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ARTICLE · 22 FEBRUARY 2022

The Curious Case Of An Unstamped Agreement: Reference To Arbitration

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By way of a recent decision pronounced on 25 January 2022 , the Hon'ble Supreme Court of India has attempted to provide much-needed clarity on the issue of enforceability of an arbitration clause contained in an unstamped ...

IndiaLitigation, Mediation & Arbitration
Sahil Narang
Sahil Narang
Dhritiman Roy
Dhritiman Roy
Ayushman Kacker
Ayushman Kacker
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By way of a recent decision pronounced on 25 January 20221, the Hon'ble Supreme Court of India ("SCI") has attempted to provide much-needed clarity on the issue of enforceability of an arbitration clause contained in an unstamped or insufficiently stamped agreement.

The court's jurisdiction to adjudicate issues at the pre-appointment stage has been the subject matter of numerous cases before the SCI as well as various High Courts in India. Different benches of the SCI have rendered conflicting decisions on this issue. While in N. N. Global Mercantile (P) Ltd. v. Indo Unique Flame Ltd, (2021) 4 SCC 379 ("N.N. Global") the SCI held that such arbitration agreements are indeed enforceable, the benches in SMS Tea Estates (P) Ltd. v. Chandmari Tea Co. (P) Ltd., (2011) 14 SCC 66 ("SMS Tea Estates") and Garware Wall Ropes Ltd v. Coastal Marine Construction & Engineering Ltd. (2019) 9 SCC 209 ("Garware Wall Ropes") had previously arrived at a diametrically opposite

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