Lawstreet Journal

Arbitral Award against Nuziveedu Seeds Ltd. Awarded to Mahyco Monsanto Biotech [Read Judgement]

Lawstreet Journal 31 Jul 2020 9:39pm

Image courtesy: Lawstreet Journal Judiciary Arbitral Award against Nuziveedu Seeds Ltd. Awarded to Mahyco Monsanto Biotech [Read Judgement]

The Bombay High Court, on 23 July 2020, held in the case Nuziveedu Seeds Ltd. V. Mahyco Monsanto Biotech (India) Pvt. Ltd that the Competition Commission of India (CCI) and the Arbitral Tribunal Act, 1996, are not the same and are very different and distinct in nature. The judgment was held by Justice R.D. Dhanuka. 

The facts of the case: 

Commercial Arbitration Petition No. 737 of 2019 was brought before the Arbitral Tribunal. The petitioner was of the opinion that the respondent had grown cotton seeds with Bt. genes that generated endotoxin, which is virulent to cotton bollworms. The petitioner and the respondent signed a Sub-License Agreement (SLA) on 20 January 2004. Under this agreement, the Respondent provided 50 cotton seeds of a transgenic variety with Bt. traits to the petitioner enabling the production of new varieties of cotton seeds, granting the right to market hybrid cotton seeds for 10 years. 

The agreement was extended to 10 March 2015, under the name of the Bollgard Technology license agreement, and both parties agreed to continue the rights under the SLA, 2004. 

Judgment: 

The Court noted that the Arbitral Tribunal permitted only the monetary claims made by the respondent. The Judgement stated, “The tribunal rightly held that the adjudication by the tribunal shall be in the nature of the right and liability of the parties to the agreement and would relate to right in personam and not right in rem. In the proceedings before the CCI, whatever may be the outcome, the respondent would not be able… Continue Reading...


Tagged: Law of Arbitration   Arbitration  
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