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‘Powers Of CCI & Arbitral Tribunal Not Overlapping’: Bombay HC Upholds Arbitral Award In Favour Of Mahyco Monsanto Biotech

The Bombay High Court has upheld the arbitral award allowing monetary claims of agri-business giant Mahyco Monsanto Biotech Ltd (MMB) against Nuziveedu Seeds Ltd and its associate companies with respect to Sub Licensing Agreements (SLA) concerning the use of Bt Cotton seeds. The arbitral award passed in January 2019 was challenged by Nuziveedu and its associates primarily on the ground that the arbitral tribunal could not have adjudicated the matter when the Competition Commission of India (CCI) was examining if the SLA was anti-competitive.
Along with the arbitral award, they also challenged the order passed by the Tribunal in 2017, rejecting the challenge raised to its jurisdiction under Section 16 of the Arbitration and Conciliation Act 1996 citing the pendency of CCI proceedings.

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