Supreme Court of India
Nbcc (india) Limited v. Zillion Infraprojects Pvt. Ltd.
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1 Supreme Court bench has cited this judgment.
What the Court ordered
We are of the considered view that the present case is not a case of ‘incorporation’ but a case of ‘reference’. As such, a general reference would not have the effect of incorporating the arbitration clause.
Judgment, page 12
From the headnote
Issue for Consideration When there is a general reference in the second contract to the terms and conditions of the first contract, whether the arbitration clause in the first contract would ipso facto be applicable to the second contract. Headnotes Arbitration & Conciliation Act, 1996 – The appellant issued an invitation for tender – Respondent submitted its techno bid- vide L.O.I. appellant awarded the contract to Respondent – Respondent approached High Court under Sec. 11(6) – High Court appointed sole arbitrator – Order of the High Court set aside Held: General reference will not lead to
Authorities it was built on
Where later benches applied it
Of those, 1 referred to
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