Dispute Resolution Hotline

Institutional arbitration may suffer collateral damage

Vyapak Desai, FCIArb and Alipak Banerjee, members from our International Dispute Resolution practice team, share insights on a recent Supreme Court of India ruling that has far-reaching consequences for arbitration landscape in India. The ruling settles the position that an arbitration clause would not be enforceable in law if the agreement is unstamped or insufficiently stamped. The authors analyse the ruling and the reference to the constitutional bench, the impact of the judgment on the parties and the growth of institutional arbitration in India.