learned counsel appearing for the respondent
contended that there is no consensus ad idem between the
parties on the point of reference to an arbitration ... which the appellant had
agreed thereunder. No arbitration clause emerged by
consensus ad idem. Therefore, there is no arbitration
agreement for reference of the dispute
consensus A on the material terms of the contact which
contains several clauses. In the absence of consensus ad
idem on the material terms ... same sense
or as it is sometimes put, there should be consensus ad
idem. In that case a sub-contract was signed and executed
learned Counsel appearing for the respondent contended that there is no consensus ad idem between the parties on the point of reference to an arbitration ... which the appellant had agreed thereunder. No arbitration clause emerged by consensus ad idem. Therefore, there is no arbitration agreement for reference of the dispute
L.I.C. Of India & Anr vs Consumer Education & Research Centre & ... on
were
only the general specifications. Thereafter, the above 12th
clause has been added, namely,
"All items of work shall be carried ... towards
the other. It embodies an agreement of both parties with
consensus ad idem that if any dispute arises with regard to
the obligations undertaken
liability of US
$100 Contained in the receipts There is no consensus ad idem
between the appellant and the respondent who is a courier ... contend that until there is an
agreement by the appellant by consensus at idem with the
respondent for carriage of the invoice with limited
liability
contract. In the dotted lines contract it was held that
the consensus ad idem was absent and the element of bias
would be inherent from
only collateral to the promissory note and that there
was no consensus ad idem to sell the land under the agreement but only
Judge. We find no force in the
contentions.
There should be consensus ad idem for a concluded
contract and it is seen that Section
considered view that he was a consenting
party and there was consensus ad idem to pay higher price of
sugarcane than the minimum price fixed