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november 2024

Supreme Court of India · 2024-11-08

Lifeforce Cryobank Sciences Inc vs Cryoviva Biotech Pvt. Ltd

Citation / case number
2024 INSC 860
Court
Supreme Court of India
Petitioner
Lifeforce Cryobank Sciences Inc
Respondent
Cryoviva Biotech Pvt. Ltd
Author
D.Y. Chandrachud
Bench
D.Y. Chandrachud

Judgment text excerpt

The Supreme Court addressed the petition under Section 11(6) and Section 11(12) of the Arbitration and Conciliation Act, 1996 for the appointment of a sole arbitrator. The court found that while the petitioner claims to have stepped into the shoes of Cryobank USA, the respondents contended that the license agreement was non-assignable and that there was no privity of contract. The court held that the existence of an arbitration agreement was not in dispute, but the issue was whether the petitioner had the right to invoke it without the respondents' consent, ultimately leading to the dismissal of the petition.

Lifeforce Cryobank Sciences Inc vs Cryoviva Biotech Pvt. Ltd · Niyam