P.SATHASIVAM
Trimex International FZE Ltd. Dubai – Appellant
Versus
Vedanta Aluminium Ltd. , India – Respondent
JUDGMENT
P. Sathasivam, J.—
1) In this petition the Petitioner-Company seeks to invoke arbitration clause under Section 11(6) of the Arbitration & Conciliation Act, 1996 for appointment of an arbitrator as per the Arbitration Agreement contained in clause 6 of the Commercial Offer (purchase order) dated 15.10.2007 and clause 29 of the Agreement exchanged between the parties on 08.11.2007.
2) The case of the petitioner is as follows:
The Petitioner-Company is registered in Dubai and engaged in the business of trading in Minerals across the world. Based on the orders from their purchasers, they procure mineral Ores from the suppliers, negotiate and finalize shipments with the ship owners and arrange for the shipment of Minerals across the world. The Respondent is a Company registered in India using Aluminium Ore as one of the major inputs for their operations.
3) On 15.10.2007, the petitioner submitted a commercial offer through e-mail for the supply of Bauxite to the respondent. After several exchanges of e-mails and after agreeing on the material terms of the contract, the respondent conveyed their acceptance of the offer through e-mail on 16.10.2007 confirming the supply of 5 shi
Shankarlal Narayandas Mundade v. The New Mofussil Co. Ltd. & Ors. AIR 1946 PC 97
Dresser Rand S.A. v. Bindal Agro Chem Ltd., (2006) 1 SCC 751
Smita Conductors Ltd. vs. Euro Alloys Ltd. (2001) 7 SCC 728
Shakti Bhog Foods Limited vs. Kola Shipping Limited, (2009) 2 SCC 134
Great Offshore Ltd. vs.Iranian Offshore Engg. & Construction Co., (2008) 14 SCC 240
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