#licence agreement

The Delhi High Court ruled that trademark infringement claims against an ex-licensee and its affiliates are arbitrable under the licence agreement as subordinate rights in personam, not rights in rem. Non-signatory affiliates are bound as persons claiming through the signatory, extending the arbitration clause to related entities.

The Supreme Court held that arbitration clauses in a Joint Venture Agreement and Memorandum of Understanding remain operative despite a separate Licence Agreement, affirming the doctrine of independent arbitration agreements. It clarified Section 11(6-A) of the Arbitration and Conciliation Act, 1996 and appointed the former Chief Justice of the Bombay High Court as the sole arbitrator, impacting parties to intertwined commercial contracts.