Unregistered Agreement Arbitration

April 14, 2021 at 1:36 am

The SC, after analysing the two issues above, found that the arbitration agreement could be decoupled in this case, it was valid and enforceable, and the arbitrator could be appointed for dispute resolution in accordance with Section 11 of the Arbitration Act. However, since the lease is not registered, the terms and conditions cannot be invoked to assert or assert a right with respect to the property registered there. In this case, the complainant had sought discharge by enforcing the alleged agreement to sell two tea/lease products that had been mandatory for thirty years and the recovery of the money spent on the tea sheds. (c) be received as proof of an or delegation of this clearance, unless it has been registered: [provided that an unregau constricted document relating to the property and which is required by that Act or the transfer of the Property Act, 1882 (4 of 1882), as proof of a contract for a defined benefit under Chapter II of the Specific Relief Act, 1877 (1 of 1877) or as evidence of partial performance of a contract within the meaning of Section 53A of the Property Transfer Act, 1882 (4 of 1882) or as evidence of an incidental transaction that should not be carried out with a registered instrument.] The applicant, M/s SMS Tea Estates Pvt Ltd, had filed a motion under Section 11 of the Arbitration and Conciliation Act 1996 concerning a 30-year lease agreement clause of December 21, 2006 between the applicant and the respondent. The rental price in question was not registered and without a stamp. With respect to the second issue at issue, that is, “if an arbitration agreement in an unreganted deed, which is not properly stamped, valid and enforceable,” found that: b) a decision of the Arbitral Tribunal that the contract is void does not result in ipso swearing the invalidity of the arbitration clause. This case is of particular interest to individuals who have entered arbitration clauses into the agreements and then attempt to enforce them, emphasizing the importance of stamping and registering a document in accordance with the law, and the legal effect of not doing so. The Guwahati Supreme Court dismissed the complainant`s application under Section 11 of the Arbitration Act on the grounds that none of its terms could be invoked for any purpose, since the rental file was to be registered and had not been registered under Section 17 of the Registration Act and Section 106 of the Property Property Act. As a result, the applicant was unable to invoke the compromise clause in the rental mode to request reference to arbitration. The complainant appealed to the Supreme Court. On October 23, 2015, on the basis of the Commission`s 246th Legislative Report, the Arbitration and Conciliation Act 2015 (the “Amendment Act”) came into force. The Amendment Act has made many changes, including the inclusion of Section 11 (6A).