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january 2018

Supreme Court of India · 2018-01-05

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

Citation / case number
SC 2016/31906
Court
Supreme Court of India
Petitioner
M/S. INOX WIND LTD.
Respondent
M/S. THERMOCABLES LTD.
Author
HON'BLE MR. JUSTICE L. NAGESWARA RAO
Bench
HON'BLE MR. JUSTICE L. NAGESWARA RAO HON'BLE THE CHIEF JUSTICE

Judgment text excerpt

The Supreme Court overturned the High Court's dismissal of the application under Section 11(6) of the Arbitration and Conciliation Act, 1996, holding that the arbitration clause in the Standard Terms and Conditions was incorporated into the purchase order. The Court clarified that the existence of an arbitration agreement can be established even if not explicitly referenced, as long as the parties intended to be bound by it. The Court directed the appointment of an arbitrator to resolve the dispute between the parties.

M/S. INOX WIND LTD. vs M/S. THERMOCABLES LTD. · Niyam