NBCC (India) Limited vs Zillion Infraprojects Pvt. Ltd. 2024 INSC 218 – Arbitration Agreement

Arbitration And Conciliation Act, 1996; Section 7 –A reference to the document in the contract should be such that shows the intention to incorporate the arbitration clause contained in the document into the contract – It provides for a conscious acceptance of the arbitration clause from another document, by the parties, as a part of their contract, before such arbitration clause could be read as a part of the contract between the parties – Referred to M.R. Engineers and Contractors Private Limited vs. Som Datt Builders Limited (2009) 7 SCC 696 (Para12-13)- Though general reference to an earlier contract is not sufficient for incorporation of an arbitration clause in the later contract, a general reference to a standard form would be enough for incorporation of the arbitration clause- General reference to a standard form of contract of one party along with those of trade associations and professional bodies will be sufficient to incorporate the arbitration clause- Referred to Inox Wind Limited vs Thermocables Limited (2018) 2 SCC 519. (Para 15)

Leave a Comment