Summary

This is a Petition filed under Section 9 of the Arbitration and Conciliation Act, 1996, ("the Act"), by Malaney Trading & Services LLP ("Malaney"), primarily against Uzer Makina VE Kalip Sanayi A.S. ("Uzer Makina"), in connection with disputes and differences between the parties relating to a Commercial Agency and Distribution Agreement dated February 8, 2017 ("Agency Agreement"). The Agreement essentially entails Malaney being the exclusive agent in the territory of India, for Uzer Makina's technology, which has application in the Indian tyre Industry. It is common ground that Malaney being the exclusive distributor in India was entitled to commission on any transactions of Uzer Makina in India.

Disputes and differences between the parties are currently the subject matter of arbitration proceedings before the Netherlands Arbitration Institute, and a Partial Award dated February 16, 2024 ("Arbitral Award") holding various amounts to be payable by Uzer Makina to Malaney has been passed.