Supreme Court · 2023 INSC 1066 · Decided 13 December 2023

In Re: Interplay Between Arbitration Agreements Under the Arbitration and Conciliation Act 1996 and the Indian Stamp Act 1899 v. .

Court
Supreme Court of India
Citation
2023 INSC 1066 · [2023] 15 S.C.R. 1081
Case number
CURATIVE PETITION (CIVIL) No. 44/2023
Decided
13 December 2023
Bench
D.Y. CHANDRACHUD, SANJAY KISHAN KAUL, SANJIV KHANNA, BHUSHAN RAMKRISHNA GAVAI, SURYA KANT, J.B. PARDIWALA, MANOJ MISRA (7-judge bench)
Outcome
Directions issued
Acts & sections cited
Contract Act Section 2(g); Arbitration Act Section 8, 11, 5; Stamp Act Section 35

Headnote

HEADNOTES Issue at hand arose in the context of three statutes; the Arbitration and Conciliation Act 1996, the Indian Stamp Act, 1899, and the Indian Contract Act, 1872. The Stamp Act imposes duty on "instruments". Arbitration agreements are often embedded in underlying instruments or substantive

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