ANOOP V.MOHTA
Novartis Vaccines & Diagnostics Inc. – Appellant
Versus
Aventis Pharma Limited. – Respondent
1. The Petitioner has invoked Section 9 of the Arbitration and Conciliation Act, 1996 (for short, Arbitration Act) for the following prayer:-
a) this Hon’ble Court be pleased to grant an interim measure of protection by way of an interim injunction restraining the Respondent by itself and/or through its agents and/or servants from or in any manner distributing Verona.
2 Admittedly, there is an Arbitration clause in Joint Venture Agreement (for short, JVA) dated 22nd April, 1998, which reads thus“
13.10 Any dispute arising out of or in connection with this Agreement or any Related Agreement shall be resolved by the Parties in the following manner:
(a) Any Party may initiate resolution of such controversy by providing to the other Parties a brief and concise statement of the initiating Party’s claims, together with relevant facts supporting them, and referring to this Section 13.10 (a). For a period of sixty (60) days from the date of such statement, or such longer period as the Parties may agree in writing, the Parties shall make good faith efforts to settle the dispute. Such efforts shall include without limitation, full presentation of theParties’ respective position
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