Thread by @barandbench

#SupremeCourt to hear plea by @amazon against the Delhi Hc order which stayed ongoing arbitration proceedings before an arbitral tribunal over Future Retail’s deal with Reliance.

SC had earlier stated it will hear the case after NCLAT has decided the CCI issue

CJI: How much time will NCLAT take?

Sr Adv Gopal Subhramanium for Amazon: It is going on now. But I have some submissions to make

Sr Adv Subramanium: under Section 16 (2)(b) arbitration agreement is independent. Amazon is a foreign investor, even if RIL or adani gets FDI all of us will be in same position. arbitration has to survive.

Sr Adv Subhramanium: can a person sets in motion arbitral remedy complain against statutory authority?

CJI: If you take this stand then the matter cannot be decided.

Subhramanium: Are these intractable problems that the arbitration has to be halted and there is no sanctity to the arbitral tribunal proceedings by taking law into your own hands.

We cannot let the spinners wheel to continue. Atleast have a conversation: Amazon counsel Sr Adv Subhramanium

CJI: instead of all these cases or counter cases..

A dog barks in the background (the virtual screen of Sr Av Aspi Chinoy)

Sr Adv Subhramanium: Its okay. Please forgive him

CJI laughs...

Sr Adv Harish Salve: What stops Amazon to call Mr Kishore Biyani and discuss. Let me assure you no one is winning in this battle. Amazon God has to come to the ground and speak to lesser mortals like us

CJI: Please dont use such an expression

Salve: There is a reason

Salve: No one is winning. FRL, Reliance and Amazon all have issues. I dont know why we need a court order for a dialogue

CJI: we are not here to advise anyone. we think its in interest on parties that its solved through mutual discussion

CJI: last time also Mr Subhramanium said that you have an apprehension that long adjournments were being given. Mr Subhramanium said that arbitrator can hear about jurisdiction issue also. Now he is proposing a talk, so do you agree Mr Salve?

Salve: As far as talk is concerned. There are 3 large business houses. they wont need a mediator. I can assure you if Mr Subramaniam gets in touch with Mr Naik I will arrange a meeting.

Salve: as far as arbitration is concerned, we went to court because we told tribunal we can argue legal application but cross examining would need physical assistance. thus we asked them to take up our application and tribunal said no

Salve: why dont your lordships consider having this case within 3 weeks and see what happens. In the meantime the solicitors can have a conversation and see what happens.

Subhramanium: Let no proceeding take place then.

Salve: then i have a problem. Delhi HC is hearing and I have to argue today afternoon.

CJI: Proceedings where CCI order is challenged, let it proceed. we can ask HC to not pass orders till something comes out of the talk

CJI: Why don't instead of these battles everywhere, there be a dialogue to end this. also it was proposed that arbitrator can be urged to decide jurisdiction issue as early as possible?

Sr Adv Mukul Rohatgi: we are facing injunction in terms of our scheme. we have a debt of 27,000 crores. one company wants to take it up. now there is a proposal of talks but what about the injunction?

CJI: We allowed Delhi HC & NCLAT to proceed. we can ask them to not pass order

Salve: Please make it two weeks. Please don't pass an order restraining from passing orders.

CJI: 10 days ... nothing will happen till then

CJI: What will happen in NCLAT in 10 days? Mr Subhramnium, what we feel is that stopping proceedings before NCLAT will not impact your client, its an order passed by statutory authority.

CJI: We will simply adjourn matter for 10 days and we dont say anything on record. meanwhile workout by gentleman understanding. it will be better in interest of business. if you can find out some solution, tell us, or we will hear and pass orders. #amazonvsfuture

CJI: Let NCLAT and Delhi HC not pass orders in 10 days.

Salve: we assure that we will not press for any orders in NCLAT or the High Court

#amazonvsfuture

Subhramanium: a judge is a judge and he can only fall as a judicial order.

Salve: I am getting a feeling that there is an attempt to stay the Delhi HC.

SC: We are taking into consideration proceedings before HC and NCLAT. Amazon insists for withholding of orders in proceedings for an informal dialogue. However FRL objected as arguments will take time

SC: We dont pass any interim orders today and in case of an event parties are at liberty to approach this court.

Salve: We hear amazon is starting criminal proceedings and we hope the 10 day is not used to start criminal case against us

Subhramanium: all good deeds is a two way start. we assure there will be no action at my end.

Salve: Reuters called us to seek our comment on the criminal proceedings initiated by Amazon

Subhramnium: It is untrue

Matter to be listed on March 15, 2022

#supremecourt

[Amazon v Future] No one is winning this battle: Harish Salve as Supreme Court calls for "gentleman's understanding"

report by @DebayonRoy

#SupremeCourt #Amazon #Future

Read story: bityl.co/B9xF