The issue for consideration before the Court was whether a clause printed at the back of the tax invoice contemplating reference of disputes or breaches arising out of an order of advertisement to sole arbitrator, would amount to an arbitration clause.
Single-judge of Justice Bharati Dangre held that in the present case the clauses contained on the back of the tax invoices clearly made a reference to arbitration which could be considered as an arbitration clause.
“Since in the present case, it can be clearly seen that the parties have acted upon the invoices and there was no denial of the invoices raised by the applicant, the clause contained in the invoices which clearly stipulate a reference to arbitration, deserve to be construed as an arbitration clause”, the judge held.
Source: Barandbench
