SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

DELHI HIGH COURT
SANJEEV NARULA
Superon Schweisstechnik India Ltd. – Appellant
Versus
Europaische Holding Intercito – Respondent


Table of Content
1. existence and terms of arbitration agreement established. (Para 1)
2. court analysis supports validity of arbitration clause. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17)
3. application allowed; suit rejected. (Para 18 , 19 , 20)

JUDGMENT

Sanjeev Narula, J. (Oral)

I.A. No. 17125/2021 (on behalf of Defendant No. 1 u/S. 45 of the Arbitration and Conciliation Act, 1996, seeking dismissal of the suit)

1. In light of the arbitration agreement contained in Article 14 of the Technology License and Technical Assistance Agreement dated 14th March 2017, Defendant No. 1, by way of the instant application under Section 45 of the Arbitration and Conciliation Act, 1996 [hereinafter, `the Act'], seeks dismissal of the instant suit along with reference of disputes to arbitration seated in Zurich, Switzerland as governed by the Rules of International Chamber of Commerce [hereinafter, `ICC'].

BRIEF FACTS

1.1. Plaintiff is a manufacturer exporting welding consumables, stainless steel welding, and non-welding wires. The Defendant No. 1 is the owner of a patent in the `Oerlikon-Intercito process' which is used for manufacture of electrodes required for welding

    Click Here to Read the rest of this document
    1
    2
    3
    4
    5
    6
    7
    8
    9
    10
    11
    SupremeToday Portrait Ad
    supreme today icon
    logo-black

    An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

    Please visit our Training & Support
    Center or Contact Us for assistance

    qr

    Scan Me!

    India’s Legal research and Law Firm App, Download now!

    For Daily Legal Updates, Join us on :

    whatsapp-icon telegram-icon
    whatsapp-icon Back to top