Dispute Resolution

Incorporation of arbitral clause by reference: Position in India and other Asian Jurisdictions

Jun 12, 2024

In this podcast, Nishanth Kadur, Soumya Gulati, and Ansh Desai, of the International Disputes and Investigations team, explore the incorporation of arbitral clauses by reference in commercial transactions. The discussion explores how arbitration clauses can be included in agreements by referencing other documents and discuss the complexities this creates. The conversation covers the legal framework in India, citing significant cases like M.R. Engineers and NBCC (India) Ltd. vs. Zillion Infraprojects (P) Ltd., and examines how Indian courts interpret such incorporations. The discussion then compares India's approach with those of other Asian jurisdictions, such as Singapore, England, Hong Kong, and Dubai, highlighting the differences in legal interpretations and requirements. 

We hope you enjoy listening to the series. For any questions, please reach out to us on concierge@nishithdesai.com.


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