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