Corporate practice

Dispute Resolution & Arbitration

Q: Is an unstamped arbitration agreement valid?

Yes. A seven-judge bench of the Supreme Court held in In re Interplay (December 2023) that an unstamped or insufficiently stamped agreement is not void but inadmissible until the duty is paid, which is a curable defect. Stamping objections are for the arbitral tribunal, not a ground for the court to refuse to refer the dispute.

Good arbitration starts with the clause. We draft clauses that work, run proceedings efficiently, and enforce the award.

Domestic and international arbitration, mediation and the enforcement of awards, from drafting the clause to defending the award in court.

The clause

Most of the fights we see about arbitration are about the clause: what the seat is, how the tribunal is appointed, and whether the agreement was stamped. Indian courts now treat a named “venue” as the seat unless something points the other way. They do not allow one party alone to appoint a sole arbitrator, or to control the panel. And an unstamped arbitration agreement is not void (see our note on Interplay).

The proceedings

Court support: interim measures under section 9, appointment of arbitrators under section 11 (where courts now look only at whether an arbitration agreement exists), and help with evidence.
Tribunal powers: interim measures under section 17 are enforceable like court orders, and emergency arbitrator orders are enforceable in India (Amazon v. Future Retail, 2021).
Time limits: in a domestic arbitration the award is due within 12 months of the completion of pleadings, extendable by six months by consent and further only by the court (section 29A).
Non-signatories: the group of companies doctrine is part of Indian law (Cox & Kings, 2023).

The award

A challenge under section 34 must be filed within three months, plus a further 30 days for sufficient cause. The grounds are narrow, and courts do not re-examine the merits. A Constitution Bench held in 2025 that courts may modify an award only in limited circumstances. Filing a challenge does not automatically stay enforcement. Foreign awards from New York Convention countries notified by India are enforced under Part II of the Act.

Mediation

The Mediation Act, 2023 gives mediated settlement agreements the force of a decree. Pre-institution mediation is already mandatory for most commercial suits.

How we help

Drafting arbitration and multi-tier clauses
Institutional and ad hoc arbitrations
Interim relief and emergency arbitration
Appointment and challenge proceedings
Challenges to and enforcement of awards
Mediation and settlement

Key laws

Arbitration and Conciliation Act, 1996
Mediation Act, 2023
New York Convention
Commercial Courts Act, 2015

Frequently asked questions

How long does an arbitration take in India?

In a domestic arbitration, pleadings must be completed within six months of the tribunal being constituted, and the award is due within twelve months of completion of pleadings. The parties can extend that by six months; any further extension needs the court’s approval (section 29A). For international commercial arbitrations seated in India, the time limit is only an aim.

Can an arbitral award be challenged in India?

Yes, but on narrow grounds and within three months of receiving it, extendable by 30 days for sufficient cause (section 34). Courts do not review the merits. A challenge does not automatically stay enforcement; the court must grant a stay, usually on conditions.

Is an unstamped arbitration agreement valid?

Yes. A seven-judge bench of the Supreme Court held in In re Interplay (December 2023) that an unstamped or insufficiently stamped agreement is not void but inadmissible until the duty is paid, which is a curable defect. Stamping objections are for the arbitral tribunal, not a ground for the court to refuse to refer the dispute.