[Amazon v Future] Future Group too clever by half, trying to delay arbitration: Supreme Court

The Supreme Court on Thursday made it clear that it would not impede the proceedings pending before the Singapore International Arbitration Centre (SIAC) tribunal in the Amazon-Future Group dispute..The Bench of Chief Justice of India DY Chandrachud and Justices Hima Kohli and JB Pardiwala observed during a mentioning of the matter that Future Group was "trying to be too clever by half" by filing applications before Indian courts."The fact you will move Article 227 plea was not within contemplation. You cannot keep stultifying the proceeding before the arbitral tribunal and this is just a ploy to delay the proceeding. These are all ploys by well-heeled parties to delay the arbitration proceeding. Your client is trying to be too clever by half," CJI Chandrachud told the Future Group..The CJI went on to state that this was an international arbitration 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," the Court said..Appearing for Amazon, Senior Advocate Gopal Subramanium told the Court that the arbitral tribunal of three reputed international arbitrators was scheduled to conduct the last leg of proceedings from November 28, and the same should in no way be postponed..The Bench was informed that by a detailed 64-page order in June, the tribunal had dismissed an application for termination of the arbitration preferred by Future, and had decided to go ahead with the proceedings. However, Future Group moved an Article 227 plea before the Delhi High Court challenging this decision.Though High Court heard the case and reserved orders, Amazon fears that it would delay the final leg of the arbitration proceedings, since Future Group would insist on awaiting the decision of the High Court. "This territory is not open for the petitioner because there was an undertaking before the Supreme Court. Now they are requesting to scuttle the November 28 date for the arbitration proceeding," Subramanium submitted..However, Senior Advocate KV Viswanathan for Future Group prayed that the hearing be adjourned without any orders, arguing,"Over maintainability, order was reserved by the High Court...Statement of defence has also been submitted before the tribunal. We say that termination application is not decided since they have kept it open to be heard with the main application...We submitted that we come within the exceptional circumstances which was very narrow." .However, CJI Chandrachud clarified that the Supreme Court will not pressurise the High Court judge and said that the Bench would not interdict the proceedings before the arbitral tribunal. "If the High Court holds it is not maintainable, arbitration cannot go on, but if you fail before High Court you have to go before the tribunal," he said.He further observed that the order of the Supreme Court should not be rendered a nullity..[Story to be updated with order].[Read our live coverage of the mentioning].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.