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ARTICLE · 15 NOVEMBER 2024

Legal & Judicial Updates (September 2024)

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The petitioner entered into a License Agreement with respondent no. 1 on 14.12.2010 for SAP ERP software. In 2015, respondent no. 1 recommended the SAP Hybris Software for the petitioner's e commerce operations, claiming it would be 90% compatible.

IndiaLitigation, Mediation & Arbitration

NOTABLE JUDGEMENTS SEPTEMBER 2024

ARBITRATION LAW

  1. Case Title: Cox and Kings Ltd. v. SAP India Pvt. Ltd.

Citation: 2024 SCC OnLine SC 2452

Court: Supreme Court of India

Decided on: 09.09.2024

Brief facts:

The petitioner entered into a License Agreement with respondent no. 1 on 14.12.2010 for SAP ERP software. In 2015, respondent no. 1 recommended the SAP Hybris Software for the petitioner's e commerce operations, claiming it would be 90% compatible, with the remaining 10% customization to be completed within 10 months. Several ancillary agreements were signed, but issues arose in the timely completion of the project. After unsuccessful attempts to resolve the matter, the project was rescinded on 15.11.2016. Respondent No. 2 later acknowledged shortcomings on both sides. On 29.10.2017, respondent no.1 initiated arbitration for wrongful termination and non-payment of Rs. 17 crores. An arbitral tribunal was constituted by the Bombay High Court on

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