Case Law Analysis
|Bombay High Court
Section 7(5) Arbitration Act | General Reference to Main Contract Insufficient to Bind Subcontractors to Arbitration : Bombay HC
The Bombay High Court has ruled that subcontractors cannot be bound by an arbitration clause from a main contract unless the clause is expressly incorporated with specific reference under Section 7(5) of the Arbitration and Conciliation Act. This clarifies consent requirements for non-signatories and impacts construction and infrastructure disputes where subcontracting is common.