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Arbitration Agreement In Unstamped Contract Which Is Exigible To Stamp Duty Not Enforceable: Supreme Court Holds By 3:2 Majority

A Constitution Bench of the Supreme Court, on Tuesday, answered the reference, which pertains to the issue - whether the arbitration clause in a contract, which is required to be registered and.

Justice boseJustice hrishikesh royGourab banerjiMalvika trivediJustice ajay rastogiJustice rastogiGagan sanghiJustice aniruddha boseJusticect ravikumarJustice josephJusticekm josephJustice royJustice ravikumarApex courtCourt under sectionBombay high court

Arbitration Court Reckoner : January 2021

, High Court of Delhi held that mere fact that S. 9 proceedings entail disputed facts would be no ground to reject the S. 9 petition as in the Section 9 proceedings, there are bound to be disputed facts which are to be adjudicated in arbitration, by the Arbitral Tribunal agreed upon by the parties. The Court, in a Section 9 proceeding, is merely required to consider the grant/non-grant of interim measures claimed, applying the same principles as applicable to disposal of applications under Order XXXIX Rules 1&2 of the Code of Civil Procedure, 1908 (CPC). The Court further held that it is not as if in exercise of powers under Section 9, no mandatory relief can be granted.

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Demystifying The Conundrum Surrounding The Non-Arbitrability Of Disputes In Arbitration - Litigation, Mediation & Arbitration

To print this article, all you need is to be registered or login on Mondaq.com. The decade-old uncertainty on the issue of arbitrability of tenancy disputes stands settled with the pronouncement of the judgment by the Hon ble Supreme Court in, Vidya Drolia and Others v. Durga Trading Corporation 1 ( Himangni Enterprises v. Kamaljeet Singh Ahluwalia 2 ( Himangni Enterprises ), provides much-needed clarity on the nature of tenancy disputes that can be referred to arbitration. The Dovetail Test laid down by the Court can be relied upon in determining the non-arbitrability of disputes in general. The Judgment also attempts to clear the conundrum surrounding the

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Whether Non-Payment Of Stamp Duty On Commercial Contract Will Invalidate Arbitration Agreement? Supreme Court Refers Issue To Constitution Bench

Whether Non-Payment Of Stamp Duty On Commercial Contract Will Invalidate Arbitration Agreement? Supreme Court Refers Issue To Constitution Bench
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The End Of A Saga- The Conundrum Of Arbitrability Of Landlord-Tenant Disputes

The End Of A Saga- The Conundrum Of Arbitrability Of Landlord-Tenant Disputes
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