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Beyond the Fine Print: Reference and Incorporation of Arbitration Clauses
Arbitration has become a preferred mode of dispute resolution in commercial transactions globally, and India is no exception. The efficiency of arbitration largely depends on the clarity and enforceability of the arbitration clause within a contract.
- The Supreme Court of India has clarified the need for explicit reference to arbitration clauses in contracts for them to be enforceable.
- A mere mention of a document containing an arbitration clause is insufficient for incorporation into the main contract.
