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HomeLawValidity of arbitration agreement embedded in unstamped contract: Senior Advocate Gourab Banerji...

Validity of arbitration agreement embedded in unstamped contract: Senior Advocate Gourab Banerji appointed amicus

The Bench of Justices KM Joseph, Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy and CT Ravikumar posted the matter for hearing on December 6.

The Court is considering the following question:

“Whether the statutory bar contained in Section 35 of the Indian Stamp Act, 1899 applicable to instruments chargeable to Stamp Duty under Section 3 read with the Schedule to the Act, would also render the arbitration agreement contained in such an instrument, which is not chargeable to payment of stamp duty, as being non-existent, un-enforceable, or invalid, pending payment of stamp duty on the substantive contract/instrument?”

Source: Barandbench

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