Thread by @barandbench

#SupremeCourt to continue hearing a plea filed by Amazon against Delhi High Court March 22 order which stayed Single Judge’s order restraining @FutureGroup from going ahead with the 24,713 crore merger with Reliance Retail
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Senior Advocate Gopal Subramanium continues submissions.

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Subramanium discusses case law. Relies on Sundaram Finance vs Abdul Samad.

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Next, Subramanium submits that there cannot be multiple bites of the cherry. The intent of the Act is to have a linear process.

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Sr. Adv Gopal Subramanium sheds light on the judgement in Pam Developments Private Ltd vs The State of West Bengal.

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Subramanium: Now I am discussing a significant judgement, My Lord.

It is Shailesh Dhairyawan vs Mohan Balkrishna Lulla.

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Subramanium: Please take the Act with me for a moment.

In S.9, the first important aspect is that this is a Court under the Arbitration Act. It is not performing a jurisdictional function under the Code.

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Subramanium: An appeal lies under an order under 9 and 17(1). The only limitation is that there should be an order displacing it under 37.

If we give a strained interpretation to 17(2), it will be argued that 36 is different and 17 (2) is different.

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Subramanium: Please look at S.15 of the Act because it was argued that it is a truncated position, and an EA cannot actually do much.

Our case both with 15(1) and 15(2) is in accordance with the SIAC Rules.

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Subramanium: Therefore, for the purposes of this Act, the arbitral tribunal does not only imply a three-member tribunal, an EA would also be included.

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Subramanium: Now, I would like to take your Lordships through the SIAC Rules.

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Subramanium: Merely because the word “emergency” is not there, does he cease to be an arbitrator under the Act?

An arbitral agreement contemplating an EA and there being no repugnancy with the provisions of the act, I submit it is consistent with it.

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Sr. Advocate Gopal Subramanium responds to rival arguments made by Sr. Advocate Harish Salve with respect to law expressly establishing EAs across various countries.

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Subramanium submits it is not that the Indian Statute is incapable of this construction but it has incorporated these rules as a part of the agreement itself.

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Subramanium : Our law is not at variance with the Model Law, our law seeks to implement the Model Law.

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Subramanium: I can understand if someone could say that the order of the EA was unclear but the directions are very clear.
He did not injunct statutory authorities. Yet, they proceeded in violation of the Order.

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The jurisdiction to enforcement also gives a Court the right to direct ameliorative and corrective action for the aggrieved party, submits Subramanium.

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Sr. Advocate Gopal Subramanium: "As they say all good things must come to an end, my submissions must also come to an end."

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Court: We can close the proceedings when Senior Advocate Harish Salve seeks 5 minutes to make final arguments.

Salve: If an EA must be fitted in, that cannot be done by a process of construction.

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Salve: to say that we did anything to concede to the jurisdiction of the EA is incorrect.

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Salve: A slew of authorities have been cited. Would it be convenient by tomorrow morning if we brought on record a short note responding to the authorities cited in the rejoinder?

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Court closes the case, judgement reserved.

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