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High Court of Orissa upholds the arbitrability of disputes relating to copyright infringement under Indian law (Shri Binaya Kumar Naik v Sanjay Kumar Naik and another)

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Published on: 20 January 2025

Published by a LexisNexis Arbitration expert

Table of contents

What are the practical implications of this case?
What was the background?
What did the court decide?
Case details

Article summary

Arbitration analysis: The High Court of Orissa (Orissa HC), vide its order dated 11 December 2024 in a petition filed under Section 11(6) of the Indian Arbitration and Conciliation Act, 1996 (A&C Act), upheld the arbitrability of disputes relating to copyright infringement on the basis that a claim for infringement of copyright against a particular person is an action in personam and not an action in rem. Accordingly, the HC appointed a sole arbitrator to adjudicate the dispute. Written by Juhi Gupta, counsel and Keyur Jaju, associate at Shardul Amarchand Mangaldas & Co.

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