Arbitration Act. Also if Respondent's contention of incorporation of
arbitration clause in Tripartite Assignment Agreement is to be
accepted, then Concept would lose ... Arbitration Act , where existence of Arbitration Agreement
is alleged, but is not denied, amounts to an Arbitration Agreement
between the parties. That in the present
Arbitration Act. Also if Respondent's contention of incorporation of
arbitration clause in Tripartite Assignment Agreement is to be
accepted, then Concept would lose ... Arbitration Act , where existence of Arbitration Agreement
is alleged, but is not denied, amounts to an Arbitration Agreement
between the parties. That in the present
other Courts. The
Clause 15 of “Deed of Assignment of Trade Marks”,
dated 14.10.2019, contains Arbitration Clause, which
reads as follows:-
Arbitration Clause, which reads ... Trademark Act, but a right that
emanates from the Assignment Deeds. The Assignment of
a trademark is by a contract and not by a statutory
stretch of imagination or by interpretation of any law, it
assigned the arbitration agreement prescribed under Clause 18
of agreement dated 18.09.1998 between plaintiff ... undefined
12. Learned advocate Mr. Tolia submitted that the law of
assigning of arbitration agreement is clear and necessitates the
unequivocal and explicit consent
ANIRUDDHA ROY, J.:
Facts:
1. This is an assigned arbitration application.
2. This is an application filed under Section 34 of the Arbitration and
Conciliation
assigned the
Trademark to the 1st Respondent. Since the alleged Assignment Deed
itself is challenged by the Petitioners due to its illegal nature, the
Arbitration ... trademark was
assigned in their joint names. The deed of assignment contains an
Arbitration Clause vide Clause 15. Since the assignment was not
registered before
assigned the
Trademark to the 1st Respondent. Since the alleged Assignment Deed
itself is challenged by the Petitioners due to its illegal nature, the
Arbitration ... trademark was
assigned in their joint names. The deed of assignment contains an
Arbitration Clause vide Clause 15. Since the assignment was not
registered before
Appellants and
Forgings. Subsequently, DD Global vide Deed of Assignment dated
27.02.2008 assigned its development rights and obligations under the
Collaboration Agreements in favour ... adjudication of disputes by arbitration;
(xv) the claims do not pertain to the arbitration clause in the deed of
assignment; in the said deed
there are only the receivables
which were assigned, the entire Agreement not
having been assigned, the arbitration agreement
cannot be said to have been assigned ... been assigned, and therefore, the
- 10 -
NC: 2025:KHC:53608
CMP No. 250 of 2023
HC-KAR
Petitioner cannot claim assignment of the
Arbitration Clause
fulfil their obligation under
the assignment agreement. It is submitted that the assignment
agreement contains an arbitration clause and the dispute should be
referred ... Kamal Kumar Mukherjee was a
signatory in the deed of assignment, the arbitration clause will apply
to his heirs. The deed of assignment
