TRIMEX INTERNATIONAL FZE LTD.DUBAI Vs. VEDANTA ALUMINIUM LIMITED, INDIA
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Head Note
The Arbitration and Conciliation Act, 1996 - Section 11 (6) , Indian Contract Act, 1872 - Section 4
Indian Contract Act, 1872 - Section 4 - Petitioner submitted a commercial offer through e-mail for the supply of Bauxite to the respondent - Acceptance of the offer by the respondent through e-mail - Petitioner entered into a formal Bauxite Sales Agreement with Bauxite supplier in Australia and also entered into a binding Charter Party Agreement with the ship owner - Respondent requested the petitioner to hold the next consignment until further notice - Petitioner terminated the contract and served a notice of claim-cum-arbitration on the respondent - Respondent contending no concluded contract between the parties - Acceptance conveyed by the respondent through e-mail satisfied the requirement of 'communication' u/s 4 of the Act, 1872 - Once the contract is concluded orally or in writing, the mere fact that a formal contract has to be prepared and initialed by the parties would not affect either the acceptance of the contract so entered into or implementation thereof - Petition allowed - Former Judge appointed as an Arbitrator.
Topic(s)-
Important Decision(s)- Acceptance conveyed by the respondent through e-mail satisfied the requirement of 'communication' u/s 4 of the Act, 1872.