Arbitration only if contract is final
In order to refer a dispute to arbitration, there must be a concluded contract between the parties. When there is a global bid, the ‘request for qualification’ or the ‘request for proposal’ and other documents would not amount to an agreement. They are steps only towards agreement and not agreement itself with an arbitration clause. The Supreme Court stated so while setting aside the judgment of the Bombay High Court in a dispute between Singapore firm PSAMumbai Investment PTE and the Board of Trustees of Jawaharlal Nehru Port Trust. The bid was for the development

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