ISSUE:
Whether the objections with respect to stamp duty and registration of arbitral award can be raised while filing a Section 34 application for setting aside the award or should it be raised only after a Section 36 application has been filed for enforcement of the arbitral award?
RULE:
The lack of paying the stamp duty and registering the arbitral award does not affect the parties’ right to challenge the arbitral award under Section 34 of the Act, 1996 and will be relevant only when the application to enforce the award under Section 36 of the Act, 1996 is filed.