Judgments in two recent High Court cases dealing with the issue
of incorporation by reference of arbitration clauses highlight that
clarity is key in terms of contract formation. When seeking to
incorporate terms into an agreement, whilst the accepted position
is that general words of reference will be sufficient, the same
general words should be evident as to the terms to which they
relate. Clear as mud....then read on!
INCORPORATION BY REFERENCE – THE BASICS
The completion and execution of a formal written document
encompassing all of the agreed terms governing the relationship
between parties is something which is more often honoured in the
breach than in the observance. The more usual scenario will involve
an exchange of correspondence between the parties during which one
or both parties may seek to incorporate their standard terms, or
those contained within the standard forms of contracts provided by
governing bodies such as Engineers Ireland/Royal Institute
