Arbitration Law
Mode of Citation- ILC-2017-SC-ARB-....
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Arbitration Law
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Arbitration Law
Mode of Citation- ILC-2017-SC-ARB-....
Judgement Subject Index/Important Decision/Topic

ILC-2010-SC-ARB-Jan-3

TRIMEX INTERNATIONAL FZE LTD.DUBAI Vs. VEDANTA ALUMINIUM LIMITED, INDIA

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.







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