25 Sept 1985
ACADA DEVELOPMENTS CO LTD v. EPCO INDUSTRIE - AUSRUESTUNGEN GMBH
- Citation
- ACADA DEVELOPMENTS CO LTD v. EPCO INDUSTRIE - AUSRUESTUNGEN GMBH
- Court
- Court of Appeal
- Case number
- CACV104/1985
The Court held that the final contract was constituted by the Defendants' telex 7804 (and related exchanges) and did not incorporate Items 16 and 17 of the earlier telex F2035; ambiguous and unaccepted references were insufficient to incorporate an arbitration clause, therefore there was no arbitration agreement and the order appointing an arbitrator was set aside.