https://www.taxtmi.com/caselaws?id=282822 An arbitration reference can be sustained only where the parties have a concluded agreement in writing and are ad idem. Here, the work order and tender correspondence did not amount to absolute acceptance; the respondent's reply was a counter proposal that was never accepted. In the absence of a valid written arbitration agreement, no lawful basis existed for the appointment of the sole arbitrator or for continuation of the arbitral proceedings. The principle that an arbitration clause may be inferred from correspondence applies only when consensus ad idem is established, and the tribunal's competence to rule on its own jurisdiction presupposes that such an agreement exists. en-us Sat, 22 Oct 2016 00:00:00 +0530 Tue, 27 Aug 2019 06:13:12 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=282822 An arbitration reference can be sustained only where the parties have a concluded agreement in writing and are ad idem. Here, the work order and tender correspondence did not amount to absolute acceptance; the respondent's reply was a counter proposal that was never accepted. In the absence of a valid written arbitration agreement, no lawful basis existed for the appointment of the sole arbitrator or for continuation of the arbitral proceedings. The principle that an arbitration clause may be inferred from correspondence applies only when consensus ad idem is established, and the tribunal's competence to rule on its own jurisdiction presupposes that such an agreement exists. Case-Laws Indian Laws Sat, 22 Oct 2016 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=282822