Dispute Resolution Hotline
April 30, 2023
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.

Complete article link: https://www.livemint.com/opinion/columns/supreme-court-rules-unstamped-arbitration-agreements-non-existent-in-law-causing-delays-in-appointment-of-arbitrators-and-impacting-ad-hoc-and-institutional-arbitrations-11682619102950.html



– Vyapak Desai & Alipak Banerjee

You can direct your queries or comments to the authors

Disclaimer

The contents of this hotline should not be construed as legal opinion. View detailed disclaimer.

This Hotline provides general information existing at the time of preparation. The Hotline is intended as a news update and Nishith Desai Associates neither assumes nor accepts any responsibility for any loss arising to any person acting or refraining from acting as a result of any material contained in this Hotline. It is recommended that professional advice be taken based on the specific facts and circumstances. This Hotline does not substitute the need to refer to the original pronouncements.

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Dispute Resolution Hotline

April 30, 2023

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.

Complete article link: https://www.livemint.com/opinion/columns/supreme-court-rules-unstamped-arbitration-agreements-non-existent-in-law-causing-delays-in-appointment-of-arbitrators-and-impacting-ad-hoc-and-institutional-arbitrations-11682619102950.html



– Vyapak Desai & Alipak Banerjee

You can direct your queries or comments to the authors

Disclaimer

The contents of this hotline should not be construed as legal opinion. View detailed disclaimer.

This Hotline provides general information existing at the time of preparation. The Hotline is intended as a news update and Nishith Desai Associates neither assumes nor accepts any responsibility for any loss arising to any person acting or refraining from acting as a result of any material contained in this Hotline. It is recommended that professional advice be taken based on the specific facts and circumstances. This Hotline does not substitute the need to refer to the original pronouncements.

This is not a Spam mail. You have received this mail because you have either requested for it or someone must have suggested your name. Since India has no anti-spamming law, we refer to the US directive, which states that a mail cannot be considered Spam if it contains the sender's contact information, which this mail does. In case this mail doesn't concern you, please unsubscribe from mailing list.

NDA Connect

Connect with us at events, 
conferences and seminars.