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2018 (1) TMI 430 - SC - Indian LawsAppointment of arbitrator - Section 11 (6) of the Arbitration and Conciliation Act, 1996 - rejection of application on the ground that the arbitration clause in the main contract was not incorporated by reference in the contract between the Appellant and Respondent therein - scope of Section 7 (5) of the Act - Held that: - 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 - In the present case, the purchase order was issued by the Appellant in which it was categorically mentioned that the supply would be as per the terms mentioned therein and in the attached standard terms and conditions. The Respondent by his letter dated 15.12.2012 confirmed its acceptance of the terms and conditions mentioned in the purchase order except delivery period. The dispute arose after the delivery of the goods. No doubt, there is nothing forthcoming from the pleadings or the submissions made by the parties that the standard form attached to the purchase order is of a trade association or a professional body. However, the Respondent was aware of the standard terms and conditions which were attached to the purchase order. The 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. Justice Sushil Harkauli is appointed as the Arbitrator to adjudicate the dispute between the parties - appeal allowed.
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