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ARTICLE · 24 AUGUST 2018

Incorporation Of An Arbitration Clause

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An arbitration clause contained in an independent document can also be imported and engrafted in the contract between the parties, by reference to such independent document in the contract, even if there is no specific provision for arbitration .

IndiaLitigation, Mediation & Arbitration
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IN THE MATTER OF

In the Supreme Court of India at New Delhi

M/s Elite Engineering and Construction (HYD.) Private Ltd. v. M/s Techtrans Construction India Private Ltd. (In Civil Appeal No. 2439 of 2018)

An arbitration clause contained in an independent document can also be imported and engrafted in the contract between the parties, by reference to such independent document in the contract, even if there is no specific provision for arbitration . However, such a recourse can be adopted only 'if the reference is such as to make the arbitration clause in such document, a part of the contract'.

FACTS

National Highway Authority of India (NHAI) under an agreement awarded a contract to M/s T.K. Toll Road Pvt. Ltd. for undertaking design, engineering, financing, procurement, construction, operation and maintenance of the Project Highway on BOT (Build Operate and Transfer) basis.

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