Thread by @barandbench

Amazon-Future Arbitration Dispute mentioned in #SupremeCourt

Sr Adv Gopal Subhramnium: the termination application preferred by Future was to be taken first. The application was fully heard by the three member tribunal and on June 28 it was dismissed.

Subhramanium: the amendability claims were heard and now we are going for final hearing in arbitration on Nov 28 and now Future says they have a expert and expert is not available since he will be at Fifa World Cup @ Doha. Even then tribunal is willing to hear it

Subramaniam: now plea has been filed before Delhi HC to terminate the arbitration proceedings by Future and we told HC that #SupremeCourt passed the order after granting leave.

Subhramanium: HC entertained the petition nonetheless and we moved HC seeking stay of such proceedings under Article 227. SC had earlier taken a consent memo on record since arbitration was halted earlier too. HC has now extended time to file written submissions

Amazon: proceedings before the tribunal needs to go on milord

CJI DY Chandrachud: let us take a look at the papers

#AmazonVsFuture

Subramaniam: Please see the first order and see para 3 where it is recorded that both parties submitted that tribunal will conduct the proceedings and pass an award. This was the statement of writ petitioner before this court. #AmazonVsFuture

CJI:What are you aggrieved by today?

Subhramanium:please see the impugned order and this territory is not open for the petitioner because there was an undertaking before the Supreme Court

CJI:So 227 plea has been filed in HC against order of tribunal to not terminate proceeding

Subhramanium: now they are requesting to scuttle the Nov 28 date for the arbitration proceeding

Sr Adv KV Vishwanathan for Future: over maintainability order was reserved by the HC as designated by HC. Statement of defence has also been submitted before the tribunal

Vishwanathan: we say that termination application not decided since they have kept it open to be heard with the main application..

CJI: They have amended their claims

Vishwanathan: we submitted that we come within the exceptional circumstances which was very narrow

CJI: But arbitration has to go on and a joint memo was submitted by the parties before this court. You have also submitted your defence.

Vishwanathan: HC is looking at if SC order was complied with and do these amendments violate the character of the transaction

CJI: We will not pressurise the HC judge. We will clarify there shall be no interdicting the proceeding before the arbitral tribunal. if the HC holds it is not maintainable, arbitration cannot go on, but if you fail before HC you have to go before the tribunal #amazonvsfuture

Subhramanium: the HC judge at the end suggested that please mention this before the Supreme Court because termination application was dismissed by the 64 page order by the tribunal

CJI: Show us that order #amazonvsfuture

Vishwanathan: 28th is the sitting and this court may do nothing

CJI: But the termination application has been rejected..

Vishwanathan: No...

CJI: It has...

Vishwanathan: it says not finally decided on merits of the case

CJI: You have to still argue that.. #amazonvsfuture

CJI: Subject to decision of the HC, you will not seek time before the tribunal. We will say arbitral tribunal proceedings to commence from Nov 28 and that is why it has the mandate to complete the proceeding, however the mandate and amendment has been challenged..

CJI: ordered by the SC should not be rendered a nullity, that is our concern #amazonvsfuture

CJI DY Chandrachud to Future: The fact you will move 227 plea was not within the contemplation and you cannot keep stultifying the proceeding before the arbitral tribunal and this is just a ploy to delay the proceeding #amazonvsfuture

CJI to Amazon: there is no stay of arbitral proceeding

CJI to Future: all ploys by well heeled parties to delay the arbitration proceeding. Your client is trying to be too clever by half. #amazonvsfuture

CJI to Future: This is an international arbtration and this is how the courts of this country will bring repute to the process. We will not let the arbitration process be stultified. we will list the matter for next Friday and order accordingly #amazonvsfuture