https://www.taxtmi.com/caselaws?id=295565 An arbitration clause embedded in an unstamped work order is treated as a separate and independent agreement under the doctrine of separability, so non-payment of stamp duty on the main instrument does not by itself extinguish the arbitration agreement; the defect is curable and the instrument must be impounded and stamped before the substantive contract is acted upon. Fraud allegations concerning invocation of a bank guarantee, where they arise from the parties' contractual relationship, remain arbitrable unless they amount to serious fraud of a public law character or fraud directed at the arbitration agreement itself. A writ petition challenging refusal to refer disputes to arbitration is not ordinarily maintainable where the Arbitration and Conciliation Act, read with the Commercial Courts Act, provides an efficacious statutory appeal. en-us Mon, 11 Jan 2021 00:00:00 +0530 Sat, 17 Sep 2022 14:50:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=295565 An arbitration clause embedded in an unstamped work order is treated as a separate and independent agreement under the doctrine of separability, so non-payment of stamp duty on the main instrument does not by itself extinguish the arbitration agreement; the defect is curable and the instrument must be impounded and stamped before the substantive contract is acted upon. Fraud allegations concerning invocation of a bank guarantee, where they arise from the parties' contractual relationship, remain arbitrable unless they amount to serious fraud of a public law character or fraud directed at the arbitration agreement itself. A writ petition challenging refusal to refer disputes to arbitration is not ordinarily maintainable where the Arbitration and Conciliation Act, read with the Commercial Courts Act, provides an efficacious statutory appeal. Case-Laws Indian Laws Mon, 11 Jan 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=295565