In Brief
Inox Wind Ltd purchased cables from Thermocables Ltd under two purchase orders containing standard terms and conditions with an arbitration clause. When the cables proved defective and the respondent refused replacement, Inox sought to appoint an arbitrator. The High Court dismissed the application, holding no valid arbitration agreement existed because the standard form was not from a recognized trade body. The Supreme Court held that general reference to a standard form of contract—whether from a trade association or one party's own standard terms—suffices to incorporate an arbitration clause into a purchase order when both parties have accepted those standard terms. The appeal was allowed and an arbitrator appointed.
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