Topic

letter of intent

2 articlesLatest September 2026
Section 11 Arbitration Act | LOI Referencing Tender Docs Does Not Incorporate Arbitration Clause Without Explicit Language : SC
Case Law Analysis
|Supreme Court of India

Section 11 Arbitration Act | LOI Referencing Tender Docs Does Not Incorporate Arbitration Clause Without Explicit Language : SC

The Supreme Court has ruled that a Letter of Intent merely referencing tender documents cannot be construed as incorporating their arbitration clause unless explicitly stated. This clarifies the threshold for prima facie existence of an arbitration agreement under Section 11, impacting contractors, public utilities, and tender processes nationwide where LOIs are routinely issued before formal contracts.