This case note seeks to analyse the judgment of the Supreme Court of India in its upholding of the validity of an arbitration clause in a contract not duly stamped. The ruling is unique, as the issue was taken up for the sole reason of bringing clarity to the matter by a seven-judge bench through a curative petition of the Dharmaratnakara Rai Bahadur Arcot Narainswamy Mudaliar Chattram v. Bhaskar Raju judgment. The subject matter of this case had already been decided by a five-judge bench in N.N.Global Mercantile Pvt. Ltd. v. Indo Unique Flame Ltd. CIVIL APPEAL NO(S). 3802–3803 of 2020. The note analyses the final decision by the honourable court through its interpretation of the legislation involved and the doctrines applied. The note’s reference to the previous judgment also brings a clearer picture showing the application of the present judgment. Through a careful analysis, the note demonstrates how the Supreme Court’s decision can be seen to bring a progressive stance to the law and practice of arbitration in India and the significance thereof.
Arbitration: The International Journal of Arbitration, Mediation and Dispute Management