Arbitration and Conciliation Act, 1996
Sections 8 & 37—Reference of dispute for arbitration—Dismissal of application filed by appellant/defendant in a suit for recovery filed by respondent/plaintiff—Appeal—Main contract was between the DMRC and the appellant and work order was between the appellant and the respondent—To incorporate the arbitration clause contained in the GCC, there has to be a specific reference in the work order—There was no specific reference to the arbitration clause in GCC in clause of the work order—Dispute between the appellant and the respondent was in relation to a sub-contract between them—Arbitration clause contained in GCC between the appellant and the DMRC cannot be incorporated in the work order—Application filed on behalf of appellant under Section 8 of the Arbitration and Conciliation Act seeking a reference to arbitration is misconceived—No infirmity found in impugned order passed by the Commercial Court—Appeal dismissed.
[Paras 23, 24, 28 & 29]