In Brief
IBI Consultancy India and its Canadian parent company, IBI Group, sought appointment of an arbitrator to resolve disputes with DSC Limited over non-payment for toll and traffic equipment installation contracts. DSC claimed no arbitration agreement existed. The Supreme Court held that the arbitration clause was validly incorporated by reference into the contracts through the contract documents listed in Article 1. The Court confirmed that disputes involving a party incorporated outside India constitute 'international commercial arbitration' requiring Supreme Court jurisdiction. The Court appointed a sole arbitrator to adjudicate the disputes, affirming parties' freedom to determine arbitration procedures and the availability of judicial intervention when they cannot agree.
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