https://www.taxtmi.com/caselaws?id=161405 Section 7(5) requires a clear intention to incorporate an external arbitration clause; a mere reference to another contract is not enough. Where a sub-contract stated that work would be carried out on the terms and conditions of the main contract, that reference was treated as adopting only execution and performance terms, not the dispute resolution mechanism. The main contract's arbitration clause was also framed for the employer-contractor relationship and its tribunal procedure was unsuitable for contractor-sub-contractor disputes. The arbitration clause was therefore not incorporated into the sub-contract, and no arbitration agreement arose between the parties. en-us Tue, 07 Jul 2009 00:00:00 +0530 Tue, 03 Jun 2014 18:01:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=161405 Section 7(5) requires a clear intention to incorporate an external arbitration clause; a mere reference to another contract is not enough. Where a sub-contract stated that work would be carried out on the terms and conditions of the main contract, that reference was treated as adopting only execution and performance terms, not the dispute resolution mechanism. The main contract's arbitration clause was also framed for the employer-contractor relationship and its tribunal procedure was unsuitable for contractor-sub-contractor disputes. The arbitration clause was therefore not incorporated into the sub-contract, and no arbitration agreement arose between the parties. Case-Laws Companies Law Tue, 07 Jul 2009 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=161405