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
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.