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

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

A binding contract for supply and its arbitration clause was concluded based on the exchange of emails and acceptance of essential terms by the respondent; thus, the petitioner is entitled to appointment of an arbitrator as per the arbitration clause, despite the absence of a formal signed written contract.

Parties
Petitioner: Trimex International FZE Ltd. Dubai; Respondent: Vedanta Aluminium Limited, India
Jurisdiction
India
Judgment Date
22 January 2010
Procedural Posture
Arbitration Petition / Order on Appointment of Arbitrator
Outcome
Allowed
Legal Topics
Appointment of Arbitrator, Concluded Contract, Form of Arbitration Agreement, Offer and Acceptance
Arbitration Contract Appointment of Arbitrator Concluded Contract Form of Arbitration Agreement Offer and Acceptance

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Parties

Trimex International FZE Ltd. Dubai

Petitioner

Vedanta Aluminium Limited, India

Respondent

Procedural Posture

Arbitration Petition / Order on Appointment of Arbitrator

Legal Issues

  1. 1 Whether a concluded contract containing an arbitration clause existed between the parties based on exchange of emails and related documents even in the absence of a formally signed agreement
  2. 2 Whether the petitioner is entitled to appointment of an arbitrator under Section 11(6) of the Arbitration & Conciliation Act, 1996

Ratio Decidendi

A binding contract for supply and its arbitration clause was concluded based on the exchange of emails and acceptance of essential terms by the respondent; thus, the petitioner is entitled to appointment of an arbitrator as per the arbitration clause, despite the absence of a formal signed written contract.

Court Disposition

Allowed

Orders

  • Hon'ble Mr. Justice B.N. Srikrishna, former Judge of this Court, is appointed as Arbitrator to resolve the dispute between the parties at Mumbai.
  • Arbitration petition allowed with no order as to costs.