Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Partial Final Award Arbitration settlement of disputes by arbitration |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Arbitration — Partial Final Award — Licence agreement between the appellant and the respondent — Provision for settlement of disputes by arbitration — Dispute between the parties before the arbitral tribunal — Subsequently, application for registration of Patent in US as well as India by the appellant — Partial Final Award by arbitral tribunal whereby the respondent to transfer all rights and interests of Indian Patent to claimant — Thereafter, application by the respondent before the High Court for enforcement of the PFA -- High Court held that there was a material alteration in the draft deed forwarded by the respondent to the appellant when the final deed was executed in the deed and thus, the appellant bound to execute transfer deed of assignment as per the draft sent by the respondent as was originally forwarded to the appellant --On appeal, held: Appellant did not commit any default in complying with the direction of the said Award and the direction of the judge was wholly unwarranted--If the respondent failed to act based on the final transfer deed executed by the appellant, which was in tune with the draft forwarded by respondent themselves, the appellant cannot be blamed for the misfeasance committed by the respondent. |
Judge | Hon'ble Mr. Justice Fakkir Mohamed Ibrahim Kalifulla |
Neutral Citation | 2016 INSC 333 |
Petitioner | M/s. Shinhan Apex Corporation |
Respondent | Mis. Euro Apex B.v. |
SCR | [2016] 2 S.C.R. 37 |
Judgement Date | 2016-04-22 |
Case Number | 4359-4360 |
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