<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2018 (1) TMI 430 - Supreme Court</title>
    <link>https://www.taxtmi.com/caselaws?id=353694</link>
    <description>An arbitration clause in standard form terms can be incorporated by reference where the contract clearly shows that the parties intended those terms to govern the transaction. A mere general reference to a separate earlier contract is ordinarily insufficient to incorporate its arbitration clause, but a single commercial contract incorporating attached standard terms is different because the parties are taken to accept those terms as part of the bargain. Here, the purchase order expressly made supply subject to its terms and the attached standard terms and conditions, which the other party accepted except for the delivery period. The arbitration clause in those standard terms was therefore available for invocation, and refusal to appoint an arbitrator was incorrect.</description>
    <language>en-us</language>
    <pubDate>Fri, 05 Jan 2018 00:00:00 +0530</pubDate>
    <lastBuildDate>Wed, 10 Jan 2018 08:26:37 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=503808" rel="self" type="application/rss+xml"/>
    <item>
      <title>2018 (1) TMI 430 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=353694</link>
      <description>An arbitration clause in standard form terms can be incorporated by reference where the contract clearly shows that the parties intended those terms to govern the transaction. A mere general reference to a separate earlier contract is ordinarily insufficient to incorporate its arbitration clause, but a single commercial contract incorporating attached standard terms is different because the parties are taken to accept those terms as part of the bargain. Here, the purchase order expressly made supply subject to its terms and the attached standard terms and conditions, which the other party accepted except for the delivery period. The arbitration clause in those standard terms was therefore available for invocation, and refusal to appoint an arbitrator was incorrect.</description>
      <category>Case-Laws</category>
      <law>Indian Laws</law>
      <pubDate>Fri, 05 Jan 2018 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=353694</guid>
    </item>
  </channel>
</rss>