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Supreme Court of India 2019-02-15 allowed

GIRIRAJ GARG vs COAL INDIA LTD

Bench: 2 — Uday Umesh Lalit, Indu Malhotra

In Brief

In this civil appeal arising from a High Court order, the Supreme Court considered whether an arbitration clause in Coal India Limited's 2007 coal-distribution scheme could be incorporated by reference into individual sale orders issued under that scheme. The Court held that where a sale order expressly states it is governed by the company's guidelines, circulars, and office orders, the arbitration clause in the parent scheme is validly incorporated into those orders. This is treated as a 'single contract case' where general reference to a standard form is sufficient. The broad language 'in relation thereto' in the arbitration clause extends its application to all transactions under the scheme. The appeal was allowed, and the parties agreed to appoint a retired judge as sole arbitrator."

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Arbitration Incorporation by Reference Arbitration Agreement Coal Trading Dispute Resolution

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