To better illustrate the fact that there is a real estate transfer agreement and that the agreement contains an arbitration agreement, the arbitration agreement would, in this scenario, be an accompanying clause related to the settlement of a dispute resulting from that agreement and which would not affect the transaction. However, there are some cases where the compromise clause cannot be separated from the contract, and one of them is the obligation to pay stamp duty. The purpose of this section is to provide a comprehensive understanding of an individual`s remedies under an unstamped arbitration agreement. In the course of the 2015 amendment, the arbitrator and the court could rule on the existence of the arbitration agreement; after Amendment 2019, since an institution must appoint an arbitrator, not the courts, it is not known which unit has the power to determine the existence of an arbitration agreement – the courts or the arbitration institution or the arbitrator. The Supreme Court overturned the decision of the High Court of La Gautam Landscapes Private Ltd. and Ors v. Shailesh S. Shah and Ors with respect to the decision of a Section 11 request for an unsealed arbitration agreement, and decided that a high court must quarorally refer an unstamped arbitration agreement or an under-stamped arbitration agreement and send it to the winning authority to rule on stamp duty issues and the penalty. Possible. The Court`s decision in Garware that the arbitration agreement cannot be implemented in an unseclosed document was for a Section 11 (Arbitration Act) application, i.e. the last consequence of the judgment was that an arbitrator could not be appointed before the unclosed agreement was seized.
However, if the same motivation is applied to a request for a referral or a request for a referral and provisional protection is not granted, non-delivery may cause irreversible harm to the applicants. In this context, the case of Gautam Landscapes Pvt. Ltd v. Shailesh Shah [„Gautam Landscapes Judgement“], although by Garware stated the judge of the law, must be taken into account, since he admitted a request for a referral, even though the arbitration agreement was contained in an unsealed document. Gautam Landscapes As SMS Tea dealt only with section 11 of the law, the Bombay High Court of Gautam Landscapes clarified that SMS Tea is not applicable, as it is the powers of the court under section 9 of the law. In addition, it was noted that Section 9 of law was not comparable to the rights conferred by a contract. (9) In order to avail itself of the jurisdiction of the court under section 9 of the act, a party must prove the existence of an arbitration agreement and the fact that it is a party. Disputes arising from a sub-contract between the applicant and the respondent („contract“), after which the applicant terminated the contract.