NEW DELHI: The Delhi high court on Tuesday dismissed a plea by Future Coupons (FCPL) seeking termination of arbitral proceedings initiated by US-based e-commerce giant Amazon before the Singapore International Arbitration Centre (SIAC). It also upheld the tribunal’s decision to permit Amazon’s request to supplement the statement of claim (SOC) initially filed by it.
Justice C Hari Shankar said the orders passed by the arbitral tribunal on October 11 and June 28 are interlocutory orders and these can’t be challenged in court under Article 227 of Constitution. HC also pointed out that the orders under challenge don’t terminate the arbitration or bring it to an end, so it will be inappropriate for HC to interfere with the interlocutory orders. “Reserving liberty with both sides to urge the contentions advanced in these petitions at the appropriate stage, therefore, these petitions are dismissed as notmaintainable,” the high court said. HC also clarified that the court has not expressed any opinion on the merits of the controversy between the parties and that the arbitral proceedings may continue “unimpeded and uninfluenced” by any observation contained in this judgment.
On November 17, the Supreme Court had made it clear it will not allow stalling of the arbitral proceedings pending before SIAC in connection with the ongoing legal battle between Amazon and the Future Group, saying the sanctity of such proceedings needed to be maintained. Earlier SC had set aside three high court orders including for attachment of the properties of Future Group and its directors and the refusal to grant a stay on the final arbitral award which had restrained FRL from going ahead with its deal with Reliance while ordering fresh adjudication.
Justice C Hari Shankar said the orders passed by the arbitral tribunal on October 11 and June 28 are interlocutory orders and these can’t be challenged in court under Article 227 of Constitution. HC also pointed out that the orders under challenge don’t terminate the arbitration or bring it to an end, so it will be inappropriate for HC to interfere with the interlocutory orders. “Reserving liberty with both sides to urge the contentions advanced in these petitions at the appropriate stage, therefore, these petitions are dismissed as notmaintainable,” the high court said. HC also clarified that the court has not expressed any opinion on the merits of the controversy between the parties and that the arbitral proceedings may continue “unimpeded and uninfluenced” by any observation contained in this judgment.
On November 17, the Supreme Court had made it clear it will not allow stalling of the arbitral proceedings pending before SIAC in connection with the ongoing legal battle between Amazon and the Future Group, saying the sanctity of such proceedings needed to be maintained. Earlier SC had set aside three high court orders including for attachment of the properties of Future Group and its directors and the refusal to grant a stay on the final arbitral award which had restrained FRL from going ahead with its deal with Reliance while ordering fresh adjudication.