Judicial precedent on inapplicability of reference document
shreyans
(Querist) 07 September 2019
This query is : Resolved
judicial precedent required on the condition if the reference document of a contract is consistent with the standard terms and condition of the original contract.
provided that the standard terms and conditions of the contract stated that the disputes shall be resolved by the courts but the reference document stated an arbitration clause.
also provided that there are judicial precedents stating that if in the reference documents there is arbitration clause then the matter shall be resolved by arbitration only. but if both i.e., standard terms and condition of the contract and reference document are inconsistent with each other on the point of dispute resolution then what will prevail?
Isaac Gabriel
(Expert) 07 September 2019
Insufficient information to respond
KISHAN DUTT KALASKAR
(Expert) 07 September 2019
Dear Sir,
It depends upon facts of each case, without knowing the facts it is not possible to express any opinion.
R.K Nanda
(Expert) 07 September 2019
State full facts for reply.
R.K Nanda
(Expert) 07 September 2019
State full facts for reply.
R.K Nanda
(Expert) 07 September 2019
State full facts for reply.
P. Venu
(Expert) 08 September 2019
You have not posted the material facts.
Raj Kumar Makkad
(Expert) 19 December 2019
If reference documents and contract have contradiction qua the jurisdiction of the civil court and arbitration in case of any dispute then also the matter shall be referred to the arbitration as reference documents are in consonance with the contract executed between the parties. There are little chances that the reference documents do not find place in the contract and once those are mentioned in the contract than it cannot be claimed that the arbitration clause has been denied.
Raj Kumar Makkad
(Expert) 19 December 2019
It is further added that even if arbitration has been undertaken, both parties need to be agreed for the arbitration otherwise the jurisdiction of civil court always remain to settle the civil disputes.
