Delhi HC spikes Future Group plea to stop arbitration
NEW DELHI: The Delhi high court on Tuesday rejected a plea by Future Coupons Private Ltd (FCPL) seeking to stop the arbitral proceedings initiated by Use-commerce giant Amazon before the Singapore International Arbitration Centre (SIAC).
While dismissing another application by the FCPL challenging an order of the arbitral tribunal permitting Amazon’s request to supplement the statement of claim (SOC) initially filed by it in the arbitral proceedings, Justice C Hari Shankar said they are “interlocutory orders” that “do not bring, to an end, the arbitral proceedings, which are still continuing”.
The court said that an interlocutory order in arbitral proceedings, which does not terminate the arbitration or bring it to an end, cannot be challenged under Article 227 of the Constitution and would be inappropriate to interfere with.
“Reserving liberty with both sides to urge the contentions advanced in these petitions at the appropriate stage, therefore, these petitions are dismissed as not maintainable,” the high court said in its 47-page judgment.
It also clarified 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.
Before the high court, the pleas were filed by FCPL, Future Coupons Resources Pvt Ltd, Akar Estate and Finance Pvt Ltd and the Directors of FCPL the Biyanis.
These applications were filed in the pending pleas on the ongoing legal tussle between Amazon and the Future Group over Future Retail Ltd (FRL) ₹24,731 crore merger deal with Reliance Retail.
On November 17, the Supreme Court had made it clear it will not allow stalling of the arbitral proceedings pending before the Singapore International Arbitration Centre (SIAC) pertaining to the ongoing legal battle between Amazon and the Future Group, saying the sanctity of such proceedings needed to be maintained.
On February 1, the apex court 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.
The top court had said that FCPL and FRL were not provided sufficient opportunities while dealing with the pleas of Amazon against the merger deal and requested the Chief Justice of the Delhi High Court to set up a bench for speedy disposal of the case.