Tag: N.N. Global Mercantile and Constitution Bench Reference.
April 28, 2021
Corporate Law | General Corporate Advisory
Corporate Law | General Corporate Advisory
WINDS OF CHANGE: UNSTAMPED ARBITRATION AGREEMENTS AND T...
In the past, the Supreme Court has examined what would transpire in the event an arbitration agreement was not duly stamped. The Supreme Court, in the case of M/S Sms Tea Estates P.Ltd v. M/S Chandmari Tea Co. P.Ltd (“SMS Tea Estate Decision”), when examining an application under Section 11 of the Arbitration and Conciliation Act, 1996 (“Act”) held that, a court before admitting any contract into evidence or acting upon the contract, needs to examine whether the contract has been duly stamped. ......