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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 Page 6 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 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.
Supreme Court of India Cites 66 - Cited by 17 - R F Nariman - Full Document

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 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.
Supreme Court of India Cites 2 - Cited by 75 - K Venkataswami - Full Document

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.
Supreme Court of India Cites 12 - Cited by 94 - J C Shah - Full Document
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