present case.
Where three major agreements, i.e., Managing Director Agreement,
Trademark Registered User Agreement and Supplementary
Collaboration Agreement do not have any arbitration clause ... agreements signed
between different parties, four agreements, i.e., Managing
Director Agreement, International Distributor Agreement,
Trademark Registered User Agreement and the Supplementary
Collaboration Agreement, have
which is extracted below :
"The agreement of such a nature, in common parlance known as
collaboration agreement, requires detailed terms and conditions ... Code' for short). The agreement alleged by the appellant is termed by him
1
as a commercial collaboration agreement for development of a residential
Switzerland, entering into a collaboration agreement with an Indian subsidiary. Under the terms of the collaboration agreement, the Swiss company had to part with consultancy ... made by the company to the foreign collaborator.
27. Apart from the particulate clause in the collaboration agreement, to which reference has been made
means of an "Agreement of Collaboration" dated 5.1.1984 executed between the partics. It provided that this agreement will be for a period ... counsel for the plaintiffs has contended that though the agreement has been termed as collaboration agreement but it was a lease and the premises were
been amended to incorporate as below :-
AGREEMENT
"In view of Clause 19 of the agreement of collaboration between M/s. Rob Mathys, Bettlach ... extend the collaboration agreement for an indefinite period but not in perpetuity. Consequently, the "non-cancelable" collaboration agreement became cancelable after expiry
collaboration agreement could
have been the foreign collaborator itself i.e., GIC or any of its affiliates.
The said foreign collaboration agreement also provided ... collaboration agreement could have been either the
foreign collaborator itself i.e., GIC or its affiliate. Furthermore, the
collaboration agreement provided for payment of agency
collaborators directly to the NTPC. The technology in question was imported by the petitioner from the collaborator as per
terms of the collaboration agreement ... collaborators directly to the NTPC. The technology was imported by the petitioner from the collaborators as per terms of the collaboration agreement
agent of appellant in
respect of the Collaboration Agreement. Collaboration Agreement
has been executed between the respondent no. 1 and respondent no.
2 on 23rd ... there any mention of appellant in the Agreement.
11. Clause 16 of the Collaboration Agreement reads as under:-
"16. That after completion of Construct
paid by the assessee to its foreign collaborator, B. F. Goodrich Chemical Company, under the collaboration agreement dated October 1, 1962, for providing continuing know ... realised sales to the foreign collaborator. Based purely on the terms of the collaboration agreement, it appears to us that the payment of 3% royalty
Exchange Management (Current Account Transactions) Rules,
2000, any remittance under technical collaboration agreement to
the extent of 5% on local sales and 8% on exports ... assessee is at arm's length. The Technical Collaboration
Agreement stands approved by the Government of India. The
royalty payment has been accepted
