VidhiSangh

Supreme Court of India · 05/01/2018

M/S. INOX WIND LTD. versus M/S. THERMOCABLES LTD.

[2018] 1 S.C.R. 86 · 2018 INSC 4

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Summary

A cable supplier accepted purchase orders referring to attached standard terms containing arbitration, except as to delivery time. The Court held that general reference to a party’s consensual standard terms could incorporate the arbitration clause, reversed refusal of appointment, and appointed a sole arbitrator.

Issues

  1. Whether general reference to one party’s attached standard terms incorporated arbitration without a separate express reference to that clause.

Held

Result

Appeal allowed and High Court judgment set aside; Justice Sushil Harkauli appointed arbitrator to adjudicate the parties’ dispute.

Judgment PDF: Supreme Court of India, [2018] 1 S.C.R. 86.