[Amazon v Future] Supreme Court issues notice in challenge to Delhi HC order staying arbitration before SIAC Tribunal

The Supreme Court on Wednesday issued notice to Future Retail Ltd in Amazon's challenge to the Delhi High Court order staying proceedings before a Singapore International Arbitration Centre (SIAC) tribunal in relation to the e-commerce giant's 2019 deal with Future Retail [Amazon.com NV Investment Holdings v. Future Retail Limited]..While issuing notice, a Bench headed by Chief Justice of India NV Ramana stated,"Issue notice and list it next week.".After Senior Advocate Mukul Rohatgi, appearing for the Future companies today, asked that the matter be listed after two weeks, the Bench set the date of hearing for February 23.Interestingly, while issuing notice, the CJI also said,"Sorry to say that newspapers have highlighted my observations. But Future also wants to drag the matter."He was referring to the observations made by him yesterday in another petition regarding another issue pertaining to same dispute..On January 5 this year, a Division Bench of Chief Justice DN Patel and Justice Jyoti Singh of the Delhi High Court had stayed the arbitration proceedings. It had also stayed the order of the single-judge which had refused to intervene in the matter and dismissed the pleas filed by the two subsidiaries of the Future Group.The Division Bench held that given the circumstances as well as the order passed by the Competition Commission of India (CCI), there was a prima facie case in favour of the Future Group and irreparable loss would be caused to them if the proceedings are not stayed..An arbitration tribunal in Singapore had been hearing Amazon's case against Future Group related to the 2019 deal between the two companies. While hearing this case, the tribunal had passed an interim order stalling the sale of Future Retail's assets to Reliance Industries.Future Retail had petitioned the Tribunal arguing that continuing proceedings there would be illegal in view of the CCI ruling against Amazon.The CCI had suspended the clearance for the deal, stating that Amazon had failed to notify it about certain crucial details of its acquisition of a 49 per cent stake in Future, as required under Section 6(2) of the Competition Act, 2002 (Act). It had, therefore, also imposed of a penalty of ₹202 crore on Amazon.After the tribunal refused to consider the request before starting a final hearing, the Future Group moved the Delhi High Court. This led to the single-judge order that was eventually stayed by the Division Bench. Amazon subsequently moved the Supreme Court in appeal against this order..Earlier this month, the apex court set aside the Delhi High Court order of October 29, 2021 refusing to stay the award passed by the SIAC tribunal which had restrained Future Group from going ahead with its ₹24,731 crore merger deal with Reliance Retail. While doing so, the Court remanded the matter to the Delhi High Court to be considered afresh.The Court had also set aside the single-judge order of the Delhi High Court dated February 2, 2021, which had upheld the award of an emergency arbitrator, directed attachment of properties and restrained Future Retail Limited from going ahead with the ₹24,713 crore merger with Reliance Retail. Today, it was revealed that the High Court will hear the matter afresh in the third week of March..Yesterday, the apex court came down on Amazon's counsel for seeking to file further written submissions in a matter already reserved for orders. CJI Ramana said it was best not to list such matters, which appear to be luxurious litigation..Appears to be luxurious litigation: Supreme Court declines Amazon plea to submit more written submissions