New Delhi, May 15 -- A Division Bench of Justice Sanjay Kumar and Justice K. Vinod Chandran held that when a later contract fully adopts the terms of an earlier agreement that includes an arbitration clause, disputes arising under the subsequent contract may still be referred to arbitration, even if the clause is not expressly restated.

The dispute arose from a redevelopment project involving Hirani Developers and members of Nehru Nagar Samruddhi CHS Ltd.

The original development agreement signed in 2011 contained an arbitration clause under Clause 36. Later, individual society members entered into Permanent Alternate Accommodation Agreements with the developer in 2023 and 2024.

Later Agreements Incorporated Earlier Terms

While these ...