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ARTICLE · 27 NOVEMBER 2024

Incrorporating And Enforcing An Arbitration Clause From Another Contract: Why Specific Reference Is Essential

In recent years, arbitration has become one of the most popular methods of resolving commercial disputes.

IndiaLitigation, Mediation & Arbitration

In recent years, arbitration has become one of the most popular methods of resolving commercial disputes. The Arbitration and Conciliation Act, 1996 ("Act") lays down the framework for arbitration proceedings in India, enabling parties to settle disputes out of court. In this blog post, we will examine the recent judgement by the Delhi High Court in Unthinkable Solutions LLP v. Ejohri Jewels Hub Pvt. Ltd1, which highlights the importance of specific reference while incorporating and enforcing an arbitration clause from another contract.

Facts of the Case

In the case at hand, a petition was filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking the appointment of an arbitrator to resolve a dispute between Unthinkable Solutions LLP (the "Petitioner") and Ejohri Jewels Hub Pvt. Ltd. (the "Respondent"). The dispute arose under a master services agreement dated August 19, 2019 ("MSA"), under which the Petitioner provided offsite work for

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