Amazon, Future big companies; their law firms can replace lawyers affected by COVID-19: Delhi High Court

Given that Amazon and Future are big corporations with a host of lawyers representing them, it can be expected that they can make alternative arrangements when some lawyers test positive for COVID-19, the Delhi High Court observed on Tuesday [Future Retail Limited v Amazon.com NV Investment Holding LLC and Ors]..Justice Amit Bansal said that the COVID-19 pandemic is a reality that the world has been living with for the last two years, and may continue to persist for the near foreseeable future."All the parties in the present arbitration proceedings are big corporations and have a battery of lawyers representing them before multiple fora. Even if some of the lawyers have tested positive for COVID-19, it can be duly expected that the parties and their law firms would endeavour to make alternate arrangements. An adjournment at the last minute cannot be sought in respect of an international commercial arbitration of this magnitude, involving arbitrators, counsels and experts from different jurisdictions," the Court made it clear..The observations were made in today's judgment dismissing the petition filed by Future Group companies seeking directions to a Singapore tribunal to deal with their termination applications in relation to the 2019 deal with Amazon.The Future companies had argued before the High Court that some of the lawyers representing them had tested positive for COVID-19, and therefore, preparations for the cross-examination scheduled for January 2022 have been adversely affected. They had, therefore, sought postponement of the hearings before the tribunal.The Court said that while it is unfortunate that Future's lawyers have been affected by the pandemic, the same cannot be a ground for postponement of hearings."It is to be noted that the COVID-19 pandemic is a reality that the world has been living with for the last two years and may continue to live with for the near foreseeable future. Even as of today, when COVID-19 cases are on the rise in India, Courts in the country, including the Supreme Court of India, continue to function, albeit through the virtual mode. Functioning during the COVID-19 pandemic is a reality that lawyers, judges and arbitrators have had to come to terms with," Justice Bansal said while turning down the request..Professionals, including lawyers and law firms, would have to learn to live with this reality and continue with their regular professional and business activities, the High Court added."The business community at large as well as professionals, including lawyers/law firms, would have to learn to live with this reality and continue with their regular professional and business activities, subject of course, to any regulations that may be imposed by state/national governments. Court hearings as well as hearings in arbitrations have been successfully conducted in this period of two years through the virtual mode. A lot of conferences and meetings, where physical presence of parties was required earlier, have now given way to virtual conferences, which have proven to be almost as effective as physical hearings/conferences," the Court observed..Read more about the judgment here..[Read Judgment]