#Section 11 application

Bombay High Court rules that arbitration clauses in main contracts do not automatically bind subcontractors unless specifically incorporated. The court dismissed an application for arbitrator appointment, emphasizing that general references to the main contract's terms are insufficient for subcontract disputes. This sets a precedent for strict compliance in commercial agreements.

The Bombay High Court has ruled that a party may file a fresh Section 11 application for arbitration of damages claims not previously decided, even if an appeal against the set-aside award is pending. This clarifies that setting aside an award nullifies its binding effect, allowing parties to pursue unaddressed heads of claim without being barred by pendency of appellate proceedings. Practitioners and developers must now treat set-aside awards as legally vacated for unadjudicated relief.