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Mar 31, 2022

SC Holds That if Document is Alleged to be Inadequately Stamped, Courts can Appoint Arbitrator

The SC in Intercontinental Hotels Group (India) Pvt. Ltd. v. Waterline Hotels Pvt. Ltd.[1], has ruled that even if a document is alleged to be inadequately stamped (i.e., although stamp duty has been paid, it may be inadequate), Courts can appoint an arbitrator under Section 11 of the Arbitration Act. The Supreme Court observed that in cases where stamp duty has been paid, Courts cannot review the sufficiency of the stamp duty under Section 11(6) of the Arbitration Act. The issue of the interplay between appointment under Section 11 and the complete non-stamping is pending consideration before a constitutional bench in the case of N.N. Global Mercantile Private Limited v. Indo Unique Flame Limited.[2]

 

[1] Intercontinental Hotels Group (India) Pvt. Ltd. v. Waterline Hotels Pvt. Ltd., 2022 SCC OnLine SC 83.

[2] N.N. Global Mercantile Private Limited v. Indo Unique Flame Limited, 2021 4 SCC 379.

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These are the views and opinions of the author(s) and do not necessarily reflect the views of the Firm. This article is intended for general information only and does not constitute legal or other advice and you acknowledge that there is no relationship (implied, legal or fiduciary) between you and the author/AZB. AZB does not claim that the article's content or information is accurate, correct or complete, and disclaims all liability for any loss or damage caused through error or omission.

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