Filter(s) Under Section 11(6A) Of The Arbitration Act: Is It ‘Existence’ And ‘Validity’ Both Or Is It Just Confined To ‘Existence’ Of Arbitration Agreement Only?

The Arbitration & Conciliation Amendment Act, 2015 (‘2015 Amendment Act’) brought about a significant change in the process of appointment of arbitrators under Section 11 of the Arbitration & Conciliation Act, 1996 (‘1996 Act’). Out of the others, the relevant changes for the purpose of present issue were as follows: The default power of appointment…

Supreme Court of India: Whether The Court While Considering An Application For The Appointment of An Arbitrator Needs To First Impound An Unstamped Instrument Containing The Arbitration Clause And Ensure That Stamp Duty Is Paid Before Appointing The Arbitrator?

As per the law settled by the Supreme Court of India in SMS Tea Estates (P) Ltd. v. Chandmari Tea Co. (P) Ltd., (2011) 14 SCC 66, where an arbitration clause is contained in an unstamped agreement, the provisions of the Indian Stamp Act, 1899 (Indian Stamp Act) requires the Judge hearing the application for…