ELP Arbitration Weekly Update


Litigation, Arbitration & Dispute Resolution

190118 ELP Arbitration Weekly Update

This week we analyse the decision of the Supreme Court in the case of Inox Wind Ltd. v. Thermocables Ltd. (2018 SCC Online SC 3) where the SC decided on an appeal arising from the judgment of the Hon’ble Allahabad High Court in an application filed under Section 11 of the Arbitration and Conciliation Act, 1996.

The SC discussed the law on how an arbitration clause contained in one agreement may be invoked for breach of obligations arising out of another agreement – a situation which may frequently arise where parties enter into General Conditions of Contracts, Special Conditions of Contract and then may execute Purchase Orders as well. While discussing the law on the subject, the SC also analysed its earlier decision in the case of M.R. Engineers and Contractors Private Limited v. Som Datt Builders Limited (2009) 7 SCC 696.

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