Open Access Research Article

THE VALIDITY CONUNDRUM: UNSTAMPED AGREEMENTS AND LIMITATION PERIODS IN INDIAN ARBITRATION

Author(s):
AMOLIKA MAHESHWARI ANANT SHARMA VINAY SACHDEVA
Journal IJLRA
ISSN 2582-6433
Access Open Access
Volume 3
Issue 7
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Abstract

ABSTRACT Two questions have repeatedly delayed the constitution of arbitral tribunals in India. The first is whether an arbitration clause in an unstamped instrument can be given effect. The second is whether a court hearing an application under Section 11 of the Arbitration and Conciliation Act, 1996 may refuse to appoint an arbitrator because the underlying claim is time-barred. This paper traces the Supreme Court’s treatment of both questions, from the strict stamping cases decided before 2023, through the five-judge decision in N.N. Global Mercantile in April 2023, to its reversal by a seven-judge bench in December 2023, and then to the limitation framework in Arif Azim and its later clarification in Krish Spinning. It argues that these decisions apply one idea. The referral court asks whether an arbitration agreement exists and leaves stamping, limitation and similar questions to the tribunal under Section 16. The paper compares this approach with the Model Law and with English, American and Singaporean practice, identifies the tensions that remain, including the uncertain reach of the ex-facie standard, and examines the absence of a statutory limitation period for Section 11 applications.

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Authors: AMOLIKA MAHESHWARI,  ANANT SHARMA, VINAY SACHDEVARegistration ID: 1013273 | Published Paper ID: IJLRA13273, IJLRA13274 & IJLRA13275Year: Oct-2026 | Volume: 3 | Issue: 7Approved ISSN: 2582-6433 | Country: Delhi, IndiaPage No.: 289-311

Article Information

THE VALIDITY CONUNDRUM: UNSTAMPED AGREEMENTS AND LIMITATION PERIODS IN INDIAN ARBITRATION

Authors: AMOLIKA MAHESHWARI, ANANT SHARMA, VINAY SACHDEVA

  • Journal IJLRA
  • ISSN 2582-6433
  • Volume 3
  • Issue 7
Citation Download Paper Full Details Search on Google Search on Google Scholar

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International Journal for Legal Research and Analysis

  • AbbreviationIJLRA
  • ISSN2582-6433
  • AccessOpen Access
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