Alternative dispute resolution
anubha
(Querist) 16 July 2014
This query is : Resolved
Sir/Mam,
I am looking for a solution to the following problem. Who exactly should be the parties in this case and whether the arbitration tribunal had jurisdiction. Also if would like to give your comments.
Thank You
“LAWPUBLICS”, Hyderabad a partnership firm engaged in the publication of law books in India was catering the needs of the law students. “LAWPUBLICS” has three partners consisting of authors of law books namely Mr.Ramakrishna, Mr.Ravi and Mr.Hari. The firm got the copyright in these partners' (authors) books through assignment deed dated 1-1-2010 from the authors.
Immediately after the assignment, the firm started publishing these books under the name of the firm. On 1-2-2011 “LAWPUBLICS”has entered into a Co-branding agreement at Hyderabad with the “NEXLAW”, a publisher based in UK having presence in international market. As per the Co-branding agreement “LAWPUBLICS” has to make all their titles availablefor publication and marketing to “NEXLAW”. The agreement contains a term of royalty that 'LAWPUBLICS' is entitled to a royalty at the rate of 15% on all books sold in the market. The agreement also stipulates that during the subsistence of the contract either party shall not publish or market the titles and they shall be published and marketed only under the Co-branding scheme. The agreement is to be in operation for a period of 10 years and is renewable again on mutually agreeable terms. The said Co-branding agreement contains an arbitration clause. They have chosen 'London' as the place of arbitration.
On 1-2 2013 Mr. Ravi one of the authors has come out of the firm. But the firm “LAWPUBLICS” continued its existence with the remaining partners. In the same month Mr.Ravi authorized AP Law Agencies, another publisher in Hyderabad to publish all his three titles. AP Law agencies started publishing and marketing books from 1st of November 2013.
“NEXLAW” filed a petition under Section 9 of the Arbitration and Conciliation Act 1996 in the city civil court, Hyderabad praying for an injunction order against “AP law agencies” preventing them from publishing and marketing the books of Ravi.
Conduct arbitration proceedings
Guest
(Expert) 16 July 2014
Please give description of the problem, as attachment is not available with your query.
anubha
(Querist) 17 July 2014
Sir/Mam, I am looking for a solution to the following problem. Who exactly should be the parties in this case and whether the arbitration tribunal had jurisdiction. Also if would like to give your comments. Thank You
Atlas Eva
(Expert) 20 July 2014
Dear anubha, the matter is of Arbitration Act, and in this matter NEXLAW should proceed for arbitration procedings in London as it is mentioned in the Arbitration Clause, and all things in this matter shall depend on the Arbitration Clause, since Both the parties has willing consented to Arbitration in London, and unless there is any clause, the English law shall be applicable to the matter.
NEXLAW should Issue a notice to LAWPUBLICS for proceeding for arbitration and also the remedy available against AP law agencies is under copyrite act.
The matter needs a good counsel which international arbitration experience
prabhakar singh
(Expert) 20 July 2014
There is no specific query asked.
Despite a long story,it is not told on what terms of contract Mr. Ravi retired.?
