ISSUE:
Whether an arbitration clause will not form a part of the Bill of Lading merely because it is formed in the annexure to the agreement?
Whether an arbitration clause is required to be signed by all parties in order for it to be binding on the parties?
RULE:
The arbitration clause in an annexure of an agreement is considered to be part of the main agreement based on the intention of the parties.
The only pre-requisite for valid arbitration agreement is it must be in writing as stated in Section 7(3) of the Arbitration and Conciliation Act, 1996. Signing by the parties is not necessary.