Thread by @barandbench

#SupremeCourt to shortly hear a plea by Amazon against Delhi High Court order dated March 22 which stayed Single Judge’s order restraining Future Retail from going ahead with the 24,713 crore deal with Reliance Retail
@amazon @FutureGroup #relianceretail

Hearing commences. Senior Advocate Gopal Subramaniam makes submissions.

Matter before Justices RF Nariman and BR Gavai

@amazon @FutureGroup #relianceretail

Sr Adv Gopal Subramanium for @amazon : Mr Salve appears for future group, another is future coupon

#supremecourtofindia #supremecourt

Sr Adv Gopal Subramanium: First agreement was FRL SHA next was future coupons and the third eas share agreement. amazon is part of FCPL agreement which was underbenefit of FRL and the shares agreement.

#supremecourtofindia #supremecourt

Sr Adv Gopal Subramanium for @amazon : when there was a breach of conditions on August 29, 2020 we issued a notice for arbitration and it was as per the Singapore Arbitration Tribunal Rules. (SIAT rules) under those rules they can appoint emergency arbitrator

#supremecourt

Sr Adv Gopal Subramanium for @amazon : for this Mr VK Raja , former AG of Singapore was appointed as an emergency arbitrator. But there was objection that there was nothing such as emergency arbitrator under the 1996 act and there was jurisdiction issues

#supremecourtofindia

Sr Adv Gopal Subramanium for @amazon : then the mergency arbitrator passed an injunction order. they keep on saying that it is a nullity and is not binding on Future Retail Limited. we relied upon the order and it was entitled to status of order of court

#supremecourt

Sr Adv Gopal Subramanium for @amazon : then FRL institutes a suit in Delhi HC. The single judge while dismissing the application said that emergency arbitration is not foreign to India.

#supremecourtofindia #supremecourt

Sr Adv Gopal Subramanium for @amazon : then we decide to initiate enforcement proceedings under Section 17 of the act. Justice Midha passed an order and then FRL moved an application before arbitral tribunal to vacate the emergency arbitrator award

#supremecourt

Sr Adv Gopal Subramanium for @amazon : division bench later relies on its earlier order. question is are these appeals maintainable. appeal is only under Section 37. FRL or anyone else did not file even a regular appeal before arbitrator

#supremecourtofindia #supremecourt

Sr Adv Gopal Subramanium for @amazon : singe judge said all actions of FRL was brazenly in contravention to the orders passed by the emergency arbitrator and it was said annulment proceedings should be initiated for all these appeals.

#supremecourtofindia #supremecourt

Sr Adv Gopal Subramanium for @amazon : the order of the single judge has to be given effect to as it is an anthema to the 1996 act. if you adopt SIAT rules and that provides the framework. no party has authority to self style as niullity and disobey the order

#supremecourt

Sr Adv Gopal Subramanium for @amazon : its no longer res integra. Regarding maintainability right of appeal is either under Section 37 of the 1996 act or order 43 of CPC.

#supremecourtofindia #supremecourt

Sr Adv Gopal Subramanium for @amazon : SECTION 37 does not provide for appeal against an order under Section 17(2) of the 1996. under section 13 of commercial courts act and read with order 43 of cpc it is an incompetent appeal

#supremecourtofindia #supremecourt

Sr Adv Gopal Subramanium for @amazon : provisions of the CPC are available for supporting an enforcement action but the enforcement originates under the 1996 act.

#supremecourtofindia #supremecourt

Sr Adv Gopal Subramanium for @amazon : all the international chambers of commerce today require an emergency arbitrator to give relief in urgent circumstances and there is nothing in 1996 act which prohibits appointment of emergency arbitrator

#supremecourtofindia #supremecourt

Sr Adv Gopal Subramanium for @amazon : there is nothing left in the appeal and interfering in a completely maintainable order of the arbitrator is uncalled for.

#supremecourtofindia #supremecourt

Sr Adv Gopal Subramanium for @amazon : there is no warrant in a non maintainable appeal relying on the Delhi Municipal corporation case.

#supremecourtofindia #supremecourt

Sr Adv Gopal Subramanium for @amazon : emergency arbitrator award is not challenged by an appeal.

#supremecourtofindia #supremecourt

Sr Adv Gopal Subramanium for @amazon : whatever the three-member tribunal may decide is in future

#supremecourtofindia #supremecourt

Sr Adv Gopal Subramanium for @amazona: Amazon agreed to invest 1431 crores in FCPL and this was recorded in shares subscription agreement in 2019.

#supremecourtofindia #supremecourt

Sr Adv Gopal Subramanium for @amazon: under SIAT rules if a tribunal is created then the order continues for 90 days.

#supremecourtofindia #supremecourt

Sr Adv Gopal Subramanium for @amazon: purpose of this act is to have quick dispute resolution. appeal cannot be there for an under Section 17 (2). no appeals there now against the emergency arbitrator award. thus it does not fall u/s 37 of 1996 act

#supremecourt

Does the EA award comprise an award under Section 17 of the at. Did the Ld Single judge go behind the emergency award: Sr Adv Gopal Subramanium for @amazon

#supremecourt

Sr Adv Gopal Subramanium for @amazon : appeal was preferred by FRL against single judge order. the present case involves three different agreements. third agreement is wrong and in the first two promoter is a common party

#supremecourt

Sr Adv Gopal Subramanium for @amazon : there are nine parts to the enforcement judgment passed by the emergency arbitrator.

#supremecourt

Sr Adv Gopal Subramanium for @amazon : respondent had raised objection regarding jurisdiction of the emergency arbitrator. The emergency arbitrator held its an arbitral tribunal for all intents and purposes and recognised under the indian arbitration framework
#supremecourt

Sr Adv Gopal Subramanium for @amazon : It is being said order by emergency arbitrator is not an order of the arbitral tribunal and not an order which can be appealed under Section 37. whether emergency arbitrator can be appointed or not is a secondary issue

#supremecourt

Sr Adv Gopal Subramanium for @amazon : FRL uses the word nullity again and again to camouflage their weak arguments.

#supremecourt

Sr Adv Gopal Subramanium for @amazon : law gives complete freedom to parties to choose the venue of arbitration and order of emergency arbitrator is binding on all parties except the arbitral tribunal
#supremecourt

Justice Nariman: Let us take this up on Thursday or next Tuesday

#supremecourt #amazon #future

Matter over.