Mr Kingshuk Banerjee

Kingshuk Banerjee


Arbitration & ADR

Insufficiently stamped agreements: can parties still seek interim relief in support of India-seated arbitrations?
India | 20 February 2020

The Supreme Court recently held that the courts cannot appoint an arbitrator on the basis of an arbitration clause if the agreement containing such clause is insufficiently stamped. The court concluded that such an arbitration clause does not exist in law. In so doing, the court expressly overruled a prior decision of the Bombay High Court to the extent that it dealt with the powers of the courts under Section 11 of the Arbitration and Conciliation Act.