In Brief
Elite Engineering entered into a sub-contract with Techtrans to execute construction work on an NHAI highway project. The principal contract between Techtrans and the EPC contractor contained an arbitration clause. When disputes arose, Elite claimed the arbitration clause was incorporated into their sub-contract through general reference clauses pertaining to 'works and quality'. The Supreme Court held that such general references do not incorporate an arbitration clause. An arbitration clause requires specific, conscious incorporation by reference; mere incorporation of performance and quality terms does not extend to dispute resolution mechanisms. The Court dismissed Elite's appeal.
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