The case deals with the issues of technology transfer and protection of intellectual property in an international contract, with the International commercial arbitration as the dispute resolution method. The case highlights the distrust between parties when they do not want to continue doing business together and the use of legal technicalities to delay the matter from settling and utter confusion due to international nature of contract, multiple court proceedings in different countries and even questioning the status of the contract – whether a concluded contract or not.
Note: The case is primarily based on the decision of the Supreme Court of India dated 14 February 2014, Enercon (India) Limited and others v. Enercon GmbH and another, as reported in 2014 Indlaw SC 92; JT 2014 (3) SC 49; 2014(2) SCALE 452. It is assumed that the readers have a basic understanding of intellectual property rights, arbitration, and contracts.
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