SPEECH & SOFTWARE TECHNOLOGIES (INDIA) PVT. versus NEOS INTERACTIVE LTD.

SPEECH & SOFTWARE TECHNOLOGIES (INDIA) PVT. versus NEOS INTERACTIVE LTD.

The Services Agreement dated July 15, 2006 is not dependent upon the Tripartite Share Purchase Agreement and has not ceased to exist. Termination or novation of the Tripartite Share Purchase Agreement and the Letter of Intent do not affect the existence or enforceability of the Services Agreement. The applicant is entitled to invoke the arbitration clause contained therein. Application for appointment of arbitrator is allowed.

Parties
Applicant: Speech & Software Technologies (India) Pvt. Ltd.; Respondent: Neos Interactive Ltd.
Jurisdiction
India
Judgment Date
05 December 2008
Procedural Posture
Arbitration Application / Decision on Application for Appointment of Arbitrator
Outcome
Application allowed
Legal Topics
Appointment of Arbitrator, Existence of Arbitration Agreement, Agreement to Enter Into Agreement, Novation, Rescission and Revocation of Agreements, International Commercial Arbitration
Arbitration Appointment of Arbitrator Existence of Arbitration Agreement Agreement to Enter Into Agreement Novation, Rescission and Revocation of Agreements International Commercial Arbitration

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Parties

Speech & Software Technologies (India) Pvt. Ltd.

Applicant

Neos Interactive Ltd.

Respondent

Procedural Posture

Arbitration Application / Decision on Application for Appointment of Arbitrator

Legal Issues

  1. 1 Whether the Services Agreement dated July 15, 2006 exists independently or ceased to exist upon termination of the Tripartite Share Purchase Agreement
  2. 2 Whether the application for appointment of arbitrator is maintainable in view of novation, rescission, or revocation claims by respondent
  3. 3 Whether an agreement to enter into a further agreement (Letter of Intent) affects enforceability or arbitration clause

Ratio Decidendi

The Services Agreement dated July 15, 2006 is not dependent upon the Tripartite Share Purchase Agreement and has not ceased to exist. Termination or novation of the Tripartite Share Purchase Agreement and the Letter of Intent do not affect the existence or enforceability of the Services Agreement. The applicant is entitled to invoke the arbitration clause contained therein. Application for appointment of arbitrator is allowed.

Court Disposition

Application allowed

Orders

  • Mr. Justice Arvind Sawant (Retd.), former Chief Justice, High Court of Kerala, is appointed as sole arbitrator.
  • Arbitrator requested to enter on the reference and proceed in accordance with law.