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Supreme Court of India

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

Neutral citation
Reported as [2023] 15 S.C.R. 1081
Bench Dr. Dhananjaya Y Chandrachud, Sanjay Kishan Kaul, Sanjiv Khanna, B R Gavai, Surya Kant, J B Pardiwala and Manoj Misra JJ.
Decided 13 December 2023

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

24 Supreme Court benches have cited this judgment.

What the Court ordered

We hold that the holding of this Court in SMS Tea Estate (supra), as reiterated in N N Global 2 (supra), is no longer valid in law.

Judgment, page 110

From the headnote

Issue for consideration: The 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 contracts. The primary issue for consideration was whether such arbitration agreements would be non-existent, unenforceable, or invalid if the underlying contract is not stamped. The challenge before the Supreme Court was to harmonize the provisions of the Arbitration and

Authorities it was built on

Where later benches applied it

Of those, 2 relied on · 10 followed · 9 referred to · 3 mentioned

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