IMPORTANT POINT
The judgment emphasizes the importance of establishing a valid legal basis for challenging an arbitral award and highlights the limited scope of intervention with an award in an international commercial arbitration.

JUDGMENT

IA. 14398/2023 (for exemption)

Exemption allowed, subject to all just exceptions.

The application stands disposed of.

IA 14399/2023 (for condonation of delay)

1. The petitioner seeks condonation of delay of 25 days in filing of the petition. Although it has not been mentioned in the application, the record shows that a scanned copy of the award was received by the petitioner by an email of the Legal Officer of National Internet Exchange of India ["NIXI"] dated 06.04.2023. The period of three months for filing of the petition, provided under Section 34(3) of the Arbitration and Conciliation Act, 1996 ["the Act"], thus lapsed on 06.07.2023.

2. The petition, filed on 28.07.2023, was thus belated by approximately 22 days, which is within the maximum condonable period of 30 days under the proviso to Section 34(3) of the Act. The ground mentioned in the application is that the petitioner is based in "a remote area of Kashmir," and had to travel to Delhi to engage counsel.

3. As the delay is within the maximum condonable period, the application is allowed for the reasons stated, in the interest of justice.

O.M.P (COMM) 290/2023

1. By way of this petition under Section 34 of the Act, the petitioner assails an arbitral award dated 04.04.2023 under the ".IN Domain Name Dispute Resolution Policy" ["INDRP"]. By the impugned award, the learned arbitrator has directed that a domain name registered by the petitioner herein i.e., , be transferred to the complainant/ respondent, being the President and Fellows of Harvard College in the United States of America.

A. Facts

2. The petitioner imparts school education [pre-Nursery to class XII] in the name and style of "Kashmir Harvard Educational Institute" in Srinagar, Union Territory of Jammu and Kasmir. It has registered a domain name with the .in domain name registry being ["the disputed domain name"].

3. On 16.11.2022, the respondent submitted a complaint to NIXI under the INDRP, seeking cancellation of the disputed domain name or transfer thereof to the respondent. It was stated therein that the respondent is a charitable and educational corporation incorporated in the Commonwealth of Massachusetts, United States of America. It was established in the year 1636 and is the oldest education institution in the United States. It claimed to have used the HARVARD mark since 1638 in connection with educational and research goods and services offered by it. It imparts undergraduate education through Harvard College, and also comprises of various schools of higher education, such as Harvard Law School, Harvard Medical School and Harvard Business School.

4. The respondent claims a worldwide reputation as an educational institution. The complaint asserts that 30 of its graduates have been Heads of State of various countries, including 8 Presidents of the United States, and its faculty has included 50 Noble Prize awardees. Its student body includes 10,000 students from 155 countries. Harvard University is consistently ranked amongst the top universities in the United States and globally. The complaint traces the links of Harvard University with India, including by way of successful alumni, a club called the Harvard Alumni Club and research and services conducted in India by its scholars.

5. It is also mentioned in the complaint that Harvard has established a Harvard trademark programme, under which it enforces and licenses its trademarks described as the "HARVARD Marks". It also has online learning services under the name HarvardX. It operates a website and social media accounts which include the name "Harvard". Several of its trademarks are registered in India, and a list has been provided in the complaint as follows:-