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2010 Supreme(SC) 99

P.SATHASIVAM
Trimex International FZE Ltd. Dubai – Appellant
Versus
Vedanta Aluminium Ltd. , India – Respondent


Advocates Appeared:
For the Appellants : K.K. Venugopal, Sr. Adv., Gopal Sankara Narayanan, R. Subramanian, Vikas Mehta, Rohit Bhat, Advs., with him for the Appellants.
For the Respondents:C.A. Sundaram, Sr. Adv., Ms. Rohini Musa, Abhishek Gupta, Zafar Inayat, Anandh Kannan, Ms. Binu Tamta, Advs., with him for the Respondents.

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






































































































































































































































































































































































































































































































































































































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