Unregistered Agreement Arbitration

On 23 October 2015, on the basis of the report of the 246th Commission, the Arbitration and Conciliation Act (Amendment) Act 2015 (hereinafter referred to as the “Amending Act”). The amending law made many changes, including the insertion of Article 11(6A). Prior to the insertion of Article 11(6A), the powers conferred under Article 11 were extremely extensive. It is proven that the appointment of an arbitrator is not only an administrative authority, but a power of judge. The Supreme Court in S.B.P. & Co. v. Patel Engineering Ltd. and Anr. had held that, during the hearing of a section 11 application, the courts would be empowered to “deal with the claim for the existence of a valid arbitration agreement, the existence or absence of a living claim, the existence of the conditions for the exercise of its power and the qualifications of the arbitrator or arbitrator”. For a better illustration, if there is an agreement on the transfer of real property and the agreement contains an arbitration agreement, then in this scenario, the arbitration agreement would be an ancillary clause for the resolution of a dispute resulting from that agreement that would not affect the current transaction.

However, there are certain cases where the arbitration clause cannot be separated from the contract, and one of these cases is the requirement of payment of stamp duty. The purpose of this section is to provide a comprehensive understanding of the remedies available to a person under an unsamped arbitration agreement. On 7.10.2006, the Appellant asked the Respondent to lease two of the Respondent`s tea plantations on a long-term basis. . . .

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