Award in long-standing disputes upheld

With a 320-page judgment, the Bombay High Court drew curtains on a batch of disputes, more than a decade old, between Indian shareholders and a German company in the appeal, Wind World India vs. Enercon GmhH.

The court upheld the award of the arbitration tribunal. Wind World was incorporated under the Companies Act as a joint venture between Enercon GmbH and members of the Mehra family. Enercon is the registered holder of 56 per cent of the issued share capital, and the Mahras are the registered holders of the residual 44%. The German company is in the business of engineering, manufacturing and marketing wind turbine generators.

Disputes ranged over shareholding, royalty and intellectual property rights and travelled to different parts in England and courts and tribunals in this country, including the Supreme Court. Ultimately, a three-member tribunal by a majority gave an award in favour of Enercon. Wind World challenged the award in the commercial court of arbitration in the high court and failed. The appeal also was dismissed.