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    <title>2019 (2) TMI 1913 - Supreme Court</title>
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    <description>An arbitration clause in a separate scheme can be incorporated into written sale orders by reference where the contractual language makes the scheme part of the transaction. Here, the sale orders were governed by the guidelines and instructions issued under the 2007 Scheme, and the clause covering disputes arising out of or in relation to the Scheme was read broadly to include disputes from transactions undertaken under it. The SC held that the arbitration clause stood incorporated into the sale orders, so refusal to appoint an arbitrator under Section 11(6) was erroneous and the dispute was referred to arbitration.</description>
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      <title>2019 (2) TMI 1913 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=293819</link>
      <description>An arbitration clause in a separate scheme can be incorporated into written sale orders by reference where the contractual language makes the scheme part of the transaction. Here, the sale orders were governed by the guidelines and instructions issued under the 2007 Scheme, and the clause covering disputes arising out of or in relation to the Scheme was read broadly to include disputes from transactions undertaken under it. The SC held that the arbitration clause stood incorporated into the sale orders, so refusal to appoint an arbitrator under Section 11(6) was erroneous and the dispute was referred to arbitration.</description>
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      <pubDate>Fri, 15 Feb 2019 00:00:00 +0530</pubDate>
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