Supreme Court On Enforceability Of Arbitration Clause Present In An Unstamped Agreement
- Gautam Bhatikar - 08-02-2021
Supreme Court of India in its recent ruling has clarified that an arbitration agreement is independent of the substantive commercial contract in which it is embedded. Non-payment or shortfall in payment of stamp duty of such commercial contracts will not invalidate the arbitration clause/ arbitration agreement or render it unenforceable, given that it exists independently of other commercial terms therein.
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