In Brief
Inox Wind, a wind turbine manufacturer, issued purchase orders for cables to Thermocables Ltd with attached standard terms and conditions containing an arbitration clause. When cables arrived damaged and Thermocables refused replacement, Inox proposed arbitration. The High Court dismissed the appointment application, holding no valid arbitration agreement existed because the arbitration clause was not separately referenced. The Supreme Court reversed this, holding that a general reference to a standard form of contract is sufficient to incorporate an arbitration clause, even if not from a trade association. The parties' awareness and acceptance of the standard terms made incorporation valid. The Court appointed an arbitrator to resolve the dispute."
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