Rose Heart v. Ramesh C. Batta Associates, P.A
In Rose Heart v. Ramesh C. Batta Associates, P.A., 1994 WL 164581 (Del. Super.) the parties entered into contract that incorporated by reference a mandatory arbitration provision.
Rose Heart argued that the provision requiring arbitration was not properly incorporated and therefore it was not bound by its terms. However, the Superior Court held that "Rose Heart is presumed to have read the . . . agreement and, by signing it, agreed to be bound by the terms set forth in the agreement and those incorporated by reference."