Supreme Court of India Landmark Ruling on Unstamped Arbitration Agreements: The NN Global Curative Analysis
Published:
August 20, 2026
8 min read
In a unanimous 7-judge Constitution Bench decision, the Supreme Court has decisively restored pro-arbitration jurisprudence by holding that non-stamping does not render an arbitration agreement void ab initio.
The 7-Judge Constitution Bench ruling in the In Re: Interplay between Arbitration Agreements and Stamp Act reference has decisively elevated India's standing as an international arbitration seat.
### Core Legal Findings:
• **Separability Doctrine Affirmed:** The arbitration agreement is independent and distinct from the underlying commercial contract.
• **Competence-Competence Principle:** Questions relating to adequacy or deficit of stamp duty fall squarely within the jurisdiction of the arbitral tribunal under Section 16 of the Arbitration Act.
• **Expedited Referral:** Section 8 and Section 11 courts are not required to conduct mini-trials on fiscal compliance at the threshold stage.
### Core Legal Findings:
• **Separability Doctrine Affirmed:** The arbitration agreement is independent and distinct from the underlying commercial contract.
• **Competence-Competence Principle:** Questions relating to adequacy or deficit of stamp duty fall squarely within the jurisdiction of the arbitral tribunal under Section 16 of the Arbitration Act.
• **Expedited Referral:** Section 8 and Section 11 courts are not required to conduct mini-trials on fiscal compliance at the threshold stage.
Ananya Roy Choudhury
Partner & Head of Dispute Resolution • New Delhi
Ananya Roy Choudhury leads the Dispute Resolution & International Arbitration practice at Vertex Legal LLP. She has an illustrious reputatio...