Court Can't Appoint Arbitrator When The Contract Containing Arbitration Clause Is Insufficiently Stamped: SC [Read Judgment]

Ashok Kini

10 April 2019 7:27 PM IST

  • Court Cant Appoint Arbitrator When The Contract Containing Arbitration Clause Is Insufficiently Stamped: SC [Read Judgment]

    "It is not possible to bifurcate the arbitration clause contained in such agreement or conveyance so as to give it an independent existence"

    The Supreme Court has held that it would be necessary for the Court before considering and passing final orders on an application under Section 11(6) of the Act to await the adjudication by the stamp authorities, in a case where the document objected to, is not adequately stamped. The bench comprising Justice Rohinton Fali Nariman and Justice Vineet Saran observed that the law laid...

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