Formation of Contract Through Emails in India: A Case Comment on Trimex v. Vedanta

Corporate Professionals Today, March 2011

9 Pages Posted: 17 May 2012 Last revised: 14 Mar 2013

Date Written: March 15, 2011

Abstract

This short essay analyses the recent developments in the law on contract formation in India through the case of Trimex International Fze Limited v. Vedanta Aluminium Limited. Trimex International FZE Limited, the petitioner applied to the Supreme Court of India under Section 11(6) of the Indian Arbitration and Conciliation Act, 1996 for the constitution of an arbitral tribunal. Vedanta Aluminium Ltd., the respondent objected to the application, arguing that there was no contract between the parties and therefore there was no agreement between the parties to refer disputes to arbitration. The Supreme Court held that the contract was concluded through exchange of emails.

Keywords: Trimex International Fze Limited v. Vedanta Aluminium Limited, Formation of Contract through Email, Electronic Contracts

JEL Classification: K10, K20, K40

Suggested Citation

Srinivasan, Badrinath, Formation of Contract Through Emails in India: A Case Comment on Trimex v. Vedanta (March 15, 2011). Corporate Professionals Today, March 2011, Available at SSRN: https://ssrn.com/abstract=2060866 or http://dx.doi.org/10.2139/ssrn.2060866

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