The Interplay between Section 17 and Section 9 of the Arbitration and Conciliation Act 1996

The Interplay between Section 17 and Section 9 of Arbitration & Conciliation Act, 1996

by rfknLatest, Law, Neue AktualisierungenPosted on No Comments

This paper examines the interplay between these two Sections, analysing their scopes, overlaps and procedural distinctions Section 9 allows parties to approach the judiciary for interim relief, thus ensuring the preservation of rights and status quo until arbitration concludes. Section 17, by entrusting tribunals with similar powers, seeks to streamline the arbitration process by reducing dependence on courts.

The Interplay between Section 17 and Section 9 of the Arbitration and Conciliation Act 1996

The Interplay between Section 17 and Section 9 of  the Arbitration and Conciliation Act 1996

by rfknLatest, Law, Law, Neue Aktualisierungen, LatestPosted on No Comments

The interplay between the Arbitration and Conciliation Act, 1996 and the Indian Stamp Act, 1899 has been a subject of legal ambiguity, particularly regarding the enforceability of arbitration agreements in unstamped or insufficiently stamped contracts. The Supreme Court’s recent decision in In Re: Interplay Between Arbitration Agreements under the Arbitration And Conciliation Act 1996 And The Indian Stamp Act 1899 has provided clarity by harmonizing these statutes. The Court ruled that non-stamping does not render arbitration agreements void ab initio but only inadmissible as evidence until stamp duty is cured, ensuring such defects are curable under law.