India 49. Supreme Court of India, 28 September 2012
Related topics
209
Incorporation by reference and standard conditions
218
The court discusses whether referral of the resolution of disputes to arbitration is mandatory under the Convention and whether mandatory referral is an internationally uniform rule which supersedes municipal law.
Referral is mandatory
220
The court discusses how to interpret the Convention’s requirement that the agreement is not null and void etc., as well as specific cases of invalidity: e.g., lack of consent (misrepresentation, duress, or fraud), vague wording of the arbitral clause; other terms of the contract contradict the intention to arbitrate, etc.
"Null and void", etc.
226
Multi-party disputes: The court discusses under which conditions non-signatories are covered by an arbitration agreement entered into by another party.
Third parties (see also Art. I sub F "problems concerning the identity of the respondent", ¶106)