Proposal containing arbitration clause signed by one party doesn’t amount to arbitration agreement

TCI Infrastructure Limited Vs Kirby Building Systems (Uttaranchal) Private Limited (Bombay High Court) Bombay High Court has held that a mere reference to a proposal containing an arbitration clause which was unilaterally signed by one party, would not amount to an arbitration agreement coming into existence between the parties. Suit filed before Trial Court stand restored. Facts- An application was filed by the respondent u/s 8 of the Arbitration and Conciliation Act, 1996 for referring the matter to arbitration by contending that there was an arbitration agreement between the parties. As a c...