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Arbitration Agreement – Main Contract & Sub-Contract

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Sections 7(5) and 11 of the AA – Main Contract & Sub-Contract

The work order of the respondent no.1 given to the petitioner did not contain independent arbitration clause.  However, Clause 31.3 of the contract between the respondent no.1 and the respondent no.2 provided for the arbitration clause.  There is no specific reference to clause 31.3 arbitration clause in the sub-contract / work order of the

The sub-contract provided that the work shall be carried out as per the terms and conditions of the main contract.

Clause 31 of the Special Conditions of Contract signed between the Respondent No.1 and CIDCO is not incorporated in the Agreement-cum-Work Order dated 2 March, 2015 executed between the Respondent No.1 and the Applicant. In absence of arbitration agreement between the parties, it would not be possible for this Court to refer the disputes to arbitration.

Judgment dated 17.6.2026 of the High Court of Bombay in Commercial Arbitration Application No.23 of 2026 of Apurvakriti Infrastructure Private Limited  Vs.  Tata Projects Limited and another

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