Supreme Court · 2019 INSC 211 · Decided 15 February 2019

Giriraj Garg v. Coal India LTD. & ORS.

Court
Supreme Court of India
Citation
2019 INSC 211 · [2019] 2 S.C.R. 239
Case number
CIVIL APPEAL No. 1695/2019
Decided
15 February 2019
Bench
UDAY UMESH LALIT, INDU MALHOTRA (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Arbitration Act Section 7(5), 7

Headnote

Arbitration and Conciliation Act, 1996: s. 7(5) - Arbitration clause - Incorporation by reference - Failure of respondent to appoint an arbitrator as per clause 11.12 of the 2007 Scheme, pursuant to dispute between the parties pertaining to sale orders - Application for Rejection by the Single Judge of the High Court stating that the arbitration clause contained in the 2007 Scheme, could not be incorporated by reference in each of the sale orders entered into between the parties - On appeal, held: Arbitration agreement need not be in the form of a clause

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