License Agreement Archives

Rights acquired under a favourable decree not affected by change in company’s name; Kerala HC affirms decree passed favouring Tata Tea

“When a change in the name of a company takes place and the same gets registered in the register of the companies, there is no substantial change in the constitution of the entity and it shall not affect any rights and obligations of the company or render defective any legal proceedings by or against it.”

Case Briefs Supreme Court

‘Existence of arbitration agreement in license agreement and share subscription agreement not in dispute’, Supreme Court refers matter to DIAC for appointment of sole arbitrator

“We have not expressed any opinion on the merits of the claim of either party including regarding the arbitrability of the dispute. All contentions and pleas are kept open for the parties to raise before the arbitral tribunal.”

Case Briefs High Courts

Declaration of status or right/title to property is a relief in personam and is arbitrable: Delhi High Court

“Only when the subject matter of the dispute relates to actions in rem, that do not relate to subordinate rights in personam arising from rights in rem, the subject matter will be non-arbitrable.”

Case Briefs High Courts

Liberty Footwear v. Liberty Shoes : Delhi High Court dismisses the petition for the want of jurisdiction

“District Court, Karnal where the first petition was filed pertaining to the Agreement in question alone shall have jurisdiction over the arbitral proceedings and all subsequent applications arising out of the Licence Agreement. No other Court can entertain any subsequent application.

Case Briefs Supreme Court

Arbitrator cannot rewrite contract for parties; Arbitral award based on no evidence or in ignorance of vital evidence comes in realm of patent illegality: SC

Supreme Court: A Division Bench comprising of R.F. Nariman and B.R. Gavai, JJ. held that an arbitral award which is based on