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Trammo Dmcc (Formerly Known As ... vs Nagarjuna Fertilizers And Chemicals ... on 5 March, 2026
cites
The Arbitration And Conciliation Act, 1996
Section 44 in The Arbitration And Conciliation Act, 1996 [Entire Act]
Section 75 in The Arbitration And Conciliation Act, 1996 [Entire Act]
Section 81 in The Arbitration And Conciliation Act, 1996 [Entire Act]
Section 11 in The Arbitration And Conciliation Act, 1996 [Entire Act]
The Foreign Exchange Management Act, 1999
Gemini Bay Transcription Pvt Ltd vs Integrated Sales Service Limited And ... on 10 August, 2021
8. Mr. Khambata would submit that it is undisputed that the United
Kingdom is a territory to which the New York Convention would apply.
He would submit that the deemed acceptance of terms sent by email
and the approach of confirming the terms of supply entered into
1 Gemini Bay Transcription (P) Ltd. v. Integrated Sales Service Ltd .- (2022) 1 SCC 753
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March 5, 2026
MPBalekar/Aarti Palkar
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CARBP-441-2017.doc
between the parties were consistent with past practice of other similar
confirmations that had been sent by Trammo to Nagarjuna in the past,
with Nagarjuna not raising any objection thereto and instead acting
consistently with the existence of a contract.
M/S Rickmers Verwaltung Gmb H vs The Indian Oil Corporation Ltd on 19 November, 1998
14. The Arbitral Tribunal under the Emailed Purported Contracts
was to be governed by LMAA terms and any Tribunal that was
constituted outside the scope of the LMAA terms would be invalid. He
2 Rickmers Verwaltung GMBH v. Indian Oil Corpn. Ltd. - (1999) 1 SCC 1
3 Bhagwandas Goverdhandas Kedia v. Girdharilal Parshottamdas & Co. - 1965 SCC OnLine SC 38
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MPBalekar/Aarti Palkar
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CARBP-441-2017.doc
would submit that the Tribunal has written a speculative finding in the
First Award by recording that there was a likelihood that the parties
having agreed to the essential terms, would have agreed that the last of
the general terms and conditions would constitute the terms of the
contract. Therefore, he would attack the findings of the Learned
Arbitral Tribunal suggesting that the previous trading and negotiation
history of the parties had all contained a provision for arbitration in
London, and the reference to the last spot contract could have been an
error in pleading.
Bhagwandas Goverdhandas Kedia vs M/S. Girdharilal Parshottamdas And Co. ... on 30 August, 1965
14. The Arbitral Tribunal under the Emailed Purported Contracts
was to be governed by LMAA terms and any Tribunal that was
constituted outside the scope of the LMAA terms would be invalid. He
2 Rickmers Verwaltung GMBH v. Indian Oil Corpn. Ltd. - (1999) 1 SCC 1
3 Bhagwandas Goverdhandas Kedia v. Girdharilal Parshottamdas & Co. - 1965 SCC OnLine SC 38
Page 9 of 32
March 5, 2026
MPBalekar/Aarti Palkar
::: Uploaded on - 05/03/2026 ::: Downloaded on - 05/03/2026 20:45:32 :::
CARBP-441-2017.doc
would submit that the Tribunal has written a speculative finding in the
First Award by recording that there was a likelihood that the parties
having agreed to the essential terms, would have agreed that the last of
the general terms and conditions would constitute the terms of the
contract. Therefore, he would attack the findings of the Learned
Arbitral Tribunal suggesting that the previous trading and negotiation
history of the parties had all contained a provision for arbitration in
London, and the reference to the last spot contract could have been an
error in pleading.