Law · Arbitration and Conciliation Act, 1996
Regarding an arbitration clause contained in an unstamped or deficiently stamped document, which of the following statements aligns with current legal positions?
- 1It is completely void and can never be cured
- 2The deficiency in stamp duty is a curable defect, and the agreement can be admitted in evidence once the stamp duty and penalty are paid✓
- 3It is enforceable instantly without paying any deficient stamp duty or penalty
- 4It can be enforced only if the document is compulsorily registered under the Registration Act, 1908 regardless of the stamp duty
Correct answer
The deficiency in stamp duty is a curable defect, and the agreement can be admitted in evidence once the stamp duty and penalty are paid
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