In Brief
Shinhan Apex Corporation and Euro Apex B.V. had a licence agreement ending in arbitration over transfer of Indian patent rights. The arbitral tribunal's award (23.12.2011) required Shinhan to transfer Patents 2143/MUM/2008 and 2144/MUM/2008 to Euro Apex. Shinhan executed the transfer deed dated 4.4.2012 as per Euro Apex's own modified re-draft and forwarded it with confirmation from Euro Apex's lawyers. Euro Apex later refused to accept the deed and obtained a High Court order requiring re-execution. The Supreme Court set aside this order, holding Shinhan had fully complied: the deed was executed precisely as per the re-draft Euro Apex itself had forwarded, and Euro Apex's own lawyers had confirmed its correctness. Euro Apex could not repudiate its own approved deed.
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