Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Arbitration and Conciliation Act 1996 Arbitrator appointed to adjudicate the dispute between the parties |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Arbitration and Conciliation Act, 1996 (26 of 1996) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Arbitration and Conciliation Act, 1996 – s.11(6) – Purchase orders were issued by the Appellant to the Respondent for supply of cables – Respondent supplied cables to the Appellant – While laying the cables, the appellant discovered that the outer sheaths of the cables were cracked – Appellant asked for replacement – Respondent company did not replace the cables – Appellant issued notice proposing the name of a sole arbitrator in terms of the Standard terms and conditions – In absence of any response, appellant filed application before the High Court u/s.11(6) of the Act – High Court dismissed the said application holding that there was no special reference to the arbitration clause in the standard terms and conditions, so the arbitration clause cannot be said to have been incorporated into the purchase order – Held: According to Purchase order, the supply was to be according to the terms mentioned in the order and the Standard terms and conditions that were attached thereto – Apart from other conditions, the Standard terms and conditions contained a clause pertaining to dispute resolution – Material on record indicates that the Respondent accepted all the terms and conditions mentioned in the purchase order except the delivery period – Purchase order is a single contract and general reference to the standard form even if it is not by a trade association or a professional body is sufficient for incorporation of the arbitration clause – Therefore, judgment of the High Court set aside – Arbitrator appointed to adjudicate the dispute between the parties. |
Judge | Hon'ble Mr. Justice L. Nageswara Rao |
Neutral Citation | 2018 INSC 4 |
Petitioner | M/s. Inox Wind Ltd. |
Respondent | M/s. Thermocables Ltd. |
SCR | [2018] 1 S.C.R. 86 |
Judgement Date | 2018-01-05 |
Case Number | 19 |
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