Cases

Arief International Inc v Celador International Ltd

Facts

Celador International Ltd ('Celador') granted Arief International Inc ('Arief') a licence to produce the hugely popular gameshow "Who Wants To Be A Millionaire?" for broadcast on Indonesian television. The agreement provided that, so long as its terms were complied with, Arief would be able to renew for a further period. Clause 15 of the agreement stated that Arief must not "assign in whole or in part its rights and/or delegate its obligations hereunder and shall not sub-licence the right to produce". Shortly after entering into the agreement, Arief entered into an agreement with a third party, RCTI, by which RCTI would provide production services for the show. Celador subsequently refused to allow Arief to renew, claiming that the agreement with RCTI breached clause 15. Arief argued that it did not do so, and that, alternatively, if it did, Celador had waived the right to rely upon the breach by being aware of the arrangements with RCTI and taking no action.

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