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08 March 2021 | Hoya Medical India Pvt. Ltd. v. Everest Vision | Sanjeev Narula J | 2021 SCC OnLine Del 1188
A clause that said “either party may … propose to the other in writing that such a dispute or difference shall be referred to and finally resolved by arbitration …” constitutes an arbitration agreement. The expression “shall be referred to” and “finally resolved” indicates an intent to arbitrate. [relying on principles set out in Jagdish Chander v. Ramesh Chander, (2007) 5 SCC 719]
See the judgment here.