No case made out to not await Single Judge's interim order: Amazon to Delhi High Court in FRL's appeal against status quo order [LIVE UPDATES]

The Delhi High Court is hearing the appeal filed by Future Retail Limited (FRL) against the Court's order passed earlier this week directing status quo on FRL's deal with Reliance..[BREAKING] Future Retail moves Delhi High Court against status quo order on deal with Reliance; Hearing tomorrow .On Tuesday, while reserving its order in Amazon's interim plea to stop Kishore Biyani's Future Group companies and officials from relying on approvals given by statutory authorities in relation to the deal, a Single Judge Bench of Justice JR Midha had directed Future Retail Ltd to maintain status quo in relation to its with deal with Reliance..Live updates of the appeal hearing today feature here. .Matter is listed for hearing before Division Bench of Chief Justice DN Patel and Justice Jyoti Singh. .Hearing begins..Senior Advocate Harish Salve appears for FRL. .Can we take up this matter after fresh matters (item 25): Court .Yes: Salve.You have to argue .. these matters will take 10 mins: Court .Matter to be taken up again in a while..Hearing resumes. Senior Advocate Salve for FRL. Senior Advocate Gopal Subramanium appears for Amazon..Court: Yes. Who is for Appellant?.Senior Advocate Rajiv Nayar for Amazon: There is maintainability issue..Salve: We anticipated challenge to maintainability..An application was filed for ad interim relief before Single judge: Salve.Does the court have physical copies?: Salve .No no sir. From day 1, my court is paperless: Chief Justice DN Patel.Salve refers to Section 17(2) Arbitration Act.Enforcement has to be under CPC. That power is available. I've not challenged the maintainability of Order 39 plea. Enforcement is under Order 21 CPC: Salve.Salve refers to the general powers of court. .There are powers to grant interim orders. I'm saying this in their favour. The appeal is available: Salve.The judge doesn't refer to any other power except O39. Where there is that power, there is an appeal: Salve.Section 17 (2) is not for enforcement. It just says award is an order of court and you enforce it under CPC: Salve.Section 17 (2) is not for enforcement. It just says award is an order of court and you enforce it under CPC: Salve.There are four companies in play. Three are before court: Salve.There is a company called FRL. It is a listed entity. It as 400 thousand shareholders and owns close to 1500 shops: Salve.It employs 25k people: Salve.1,534 stores closed in March 2020 and these are not luxury stores. They run on razor thin margins. This is the business model. The company tanked. It went into serious difficulty: Salve.Company has a promoter.. Biyani Group. Second company in play is FCPL. Future Coupons: Salve.Biyanis control FCPL. They have majority shareholding in FRL. FCPL owns 9.82% of FRL : Salve.In 2019, Amazon which is a global online retailer wanted to enter India. While he opened up economy to FDI, some sectors are still closed. One such sector is multi brand retail: Salve.It continues today. Big retail stores of the West and East.. our shops can't match their might. They should not be allowed to invest in India : Salve.Amazon knew this rule. They did a deal with Biyanis. They told Biyani to get into a FCPL into a deal with FRL : Salve.Under which FRL agrees that in certain transactions, it will not pass a resolution unless it has permission of FCPL : Salve.Amazon is not a party to this agreement. Common ground: Salve.Amazon has agreement with FCPL. FCPL has a business of coupons and loyalty cards of Future Group: Salve.There is no restriction in that business. Amazon does an agreement with FCPL. The agreement says it to develop the business. The business of FCPL: Salve.I'm sorry to interrupt Mr Salve's eloquent.. : Nayar .Then don't: Salve.Nayar says maintainability can be heard first. .Then he can talk about the East India Company: Nayar for Amazon.He's calling his client East India Company: Salve.Court asks Salve to continue. .I'll stop calling his client Amazon. I'll call it East India Company: Salve.Yes continue: Court.Amazon's agreement with FCPL and Biyanis had a clause that the day GoI opened the market, they could buy the shares and become majority shareholders of FRL. None of that happened: Salve.During the pandemic, shops closed. Banks started calling the pledges. Shares started falling. They wanted a financial bailout. Amazon introduced creation people. It didn't work out : Salve.Reliance has offered 24k crore deal. It will take all the liabilities. All banks are safe. It puts money of the table : Salve.25k employees will be saved : Salve.This deal was done in August 2020. One of the clauses in structure of the deal is the price depends in no of stores. If shops close, price has to be scaled down: Salve.This is the Scheme single judge has injuncted in enforcement proceedings.. so strange.. statutory authorities have been injuncted. They are not party to proceedings: Salve.Deal has beeb approved by statutory authorities? : Court .There is petition before NCLT: Salve.Salve gives the case background..I have the consent. Amazon has a deal with FCPL. It is their dispute. FRL has no agreement with Amazon. There is no Arbitration Agreement between us : Salve.There is no piece of paper that FRL and Amazon have signed : Salve.They say FRL needs FCPL permission and FCPL needs Amazon's permission so FRL needs my permission: Salve.They have a clause that FCPL can't deal with Reliance. Wonder how you can have such a clause in free India.. : Salve.Amazon said the two agreements must be read together. You can't merge these two agreements. You will give management rights to Amazon in FRl which will violate FEMA : Salve.Emergency Arbitrator heard us and misread our submission of Group Company theory: Salve.He said I'll read the agreements together as single economic transaction: Salve.He says I don't think it would violate FEMA: Salve.FRL board passed the resolution to sell FRL. He said I'll injunct you on basis of violation of contractual rights : Salve.Indian law doesn't recognise emergency Arbitrator. We challenge his jurisdiction: Salve.We said in any case there is no Arbitration Agreement. Emergency Arbitrator rejected both objections: Salve.Amazon kept writing to statutory authorities saying don't give permission to FRL. We filed a suit before High Court. We said Amazon was committing the tort of unlawful interference: Salve.In that we asked for an interim injunction: Salve.Appeal is before the court: Salve.I said i don't have to challenge the Emergency Award because it's a nullity: Salve.I said I don't have an Arbitration agreement with you. Don't merge the agreement. I sought to stop them from interfering: Salve.Unlike Justice Midha, Justice Mukta Gupta heard the matter for days: Salve.Without giving us time to fall a reply .. order is reserved.. as if heavens are going to fall on their head: Salve.Salve explains the Justice Mukta Gupta order.The single Judge said the two agreements can't be merged.. the conclusion is directly contrary to the conclusion of the Emergency Arbitrator: Salve.High Court judge holds that you will get into illegality if you merge the two agreements and if you don't, there is no Arbitration Agreement: Salve.It says balance of convenience is not in favour of granting injunction because you all are before statutory authorities who will decide in accordance with law: Salve.It says I will not gag Amazon. although Amazon is prima facie wrong: Salve.All findings are completely different now: Salve.Then they apply.. they didn't press for any interim order in appeal. Then they seek.. on the eve of .. we got SEBI and CCI approval.. they apply for execution: Salve.Look at the width of execution order. Judge said hold you hand. We said no. We showed the appeal memo: Salve.We said please don't pass order, give us time.. impugned order is passed : Salve.Salve reads the order passed by Justice JR Midha..We said we are not going to blink. Our rights have been set by single judge (Justice Gupta) and in this case single judge should prevail: Salve as he reads the order.Very curious feature.. paragraph 8: Salve as he reads prima facie statement that Emergency Award is prima facie enforceable.We submitted that Emergency Award is not an order of the Tribunal: Salve.Salve reads the order..How can this be passed? Ever? : Salve .Today CCI has to file a report, NCLT has to file a report. Look at the next paragraph: Salve.They are not parties to the proceedings: Salve.In an enforcement of Arbitration award, how can this be done? Government is not a party : Salve.Salve reads Justice Mukta Gupta order..Salve refers to the "important findings"..Salve reads portion stating that there is no Arbitration Agreement between FRL and Amazon as such..Single judge says that you may have an Emergency Arbitrator.. : Salve reads the order.What single says is you can have Emergency Arbitrator.. it deals with conceptual aspect. We are not concerned with that at present: Salve.Salve urges court to see section 2(d) of Arbitration Act..Section defines Arbitral Tribunal..Appointment is under Chapter 3 of our Act: Salve.Admittedly, the Emergency Arbitrator is not The Arbitral Tribunal because a separate Tribunal has been constituted: Salve.Under the SIAC Rules, an Emergency Arbitrator is appointed by SIAC and he cannot be an Arbitrator: Salve.Salve urges Court to see Section 16. .All this has to be done by the Arbitral Tribunal and not by the Emergency Arbitrator. Without prejudice, FRL raised objections : Salve.Section 5(5) is important: Salve.Emergency Arbitrator can't make an Arbitral award: Salve.Admittedly, section 34 doesn't lie against Emergency Arbitrator. Assuming EA had accepted my objected, it would not have been an appealable order : Salve.Our submission was that the order could have been passed only by the Arbitral Tribunal. Emergency award is not under section 17 : Salve.It becomes even more clear if we see section 9: Salve.Tribunal has to be constituted and then you get Section 17. Where do you fit Emergency Arbitrator then? : Salve.Single Judge doesn't say EA is Arbitral Tribunal: Salve as he reads the order by Justice Mukta Gupta..Even if we recognise Emergency Arbitrator, you have to go under Section 9. You can either file a suit for enforcement. Section 17 is not available: Salve.We argued this before Justice Midha and he closed this saying Section 17 will apply: Salve.Salve refers to Justice Gupta order on validity of FRL resolution on deal with Reliance..Amazon is close to a trillion dollar company but they can't invest and they're stuck with that : Salve.The judge is saying that Biyani may have had a contractual relationship with Amazon but when they are on Board (of FRL), they have a fiduciary relationship.. : Salve.Salve continues to read Justice Gupta order..Emergency award has not applied Indian law. Economic hardship.. tough luck. That's not how Indian courts see it: Salve.Amazon invested Rs 1413 Crore. When market crashed... Their investment is now zero because of the pandemic. Because if this deal, some value may come back to their Rs 1431. They don't care as long as Mukesh Ambani led Reliance doens't get the deal : Salve.Our court said we have to look at multi factorial law .. : Salve.Salve continues to read..Salve moves to the single judge finding on conflation of agreements. .Single judge came to the opposite conclusion as Emergency Arbitrator: Salve.Salve reads the order. .Unlike the EA, single judge looks at it very carefully.. : Salve as he reads the operative part..What single judge is doing, it is following the Amazon line : Salve continues to read..You read the two agreements together.. FRL can't sign a deal without Amazon permission. This is being enforced against me : Salve.Amazon today is saying that the purpose was to get de facto control: Salve.Salve continues to read..If this is the conclusion.. we pointed it to justice Midha over and over.. he doens't even mention the Single Judge ( Justice Mukta Gupta): Salve.The rights granted by conflation are disproportionate and not protective rights. Conflation of agreements will be contrary to FEMA : Salve reads Justice Gupta order.A judge of the High Court says it amounts to control. The single judge should have held its hand : Salve.Salve reads Justice Gupta order finding the Resolution to be valid..This is what has been injuncted : Salve.Salve continues to read the order by Justice Mukta Gupta..This order has been stayed in enforcement: Salve.Was all this not pressed before Single judge: Court.Salve says all these things were argued before Single judge ( Justice Midha) .If a single judge has found something.. I said what you are being asked to do is prima facie against the order: Salve.Salve refers to the note submitted to Justice Midha..Positive side to COVID-19 s that everyone has adapted to the virtual mode.. people who never used to open laptops also : CJ Patel .Should we continue (later).. it's lunch.. : Court.For me it's breakfast: Salve.I'll take 15-20 mins : Salve.Don't worry, Mr Nayar. Even if it comes on physical hearing day, you can argue on video conference. Others can argue physically: Court refers to hybrid hearings as it adjourns another matter in which Senior Advocate Nayar appears..Court rises for lunch..Hearing to resume at 2:15 PM..Hearing resumes..Salve urges Court to turn to the additional documents filed before the Single Judge..Three issues were formulated. The first is section 17 : Salve.We don't have these documents: Court.Court asks court master to see if the copy of the document is on record..Document is located..When I was on my legs, the single judge asked for note on factual aspects: Salve reads the note.Single judge has prima facie rejected this : Salve.This (findings in Justice Mukta Gupta order) squarely put right in front : Salve.All three points were taken.. the second point .. we say Arbitration Agreement has to be in writing.. : Salve.Salve reads the note on non - application of Group Principle..FRL is not a party to the agreement between FCPL and Amazon: Salve.Salve continues to read the note..FCPL does only one business and Amazon found it comfortable to come in there. That didn't require government approval: Salve.Everybody clearly knew that there was a problem: Salve.A chart demonstrating the effect of conflation was given to single judge: Salve.This issue was not res Integra. It was concluded by the Single Judge (Justice Mukta Gupta) for this stage : Salve.If single judge order which is later.. takes this view in a suit inter parties on the same subject matter then single judge order has to prevail. There are two interim order. One is Emergency Arbitrator whose status is questionable. Single judge must get greater weight : Salve.Salve continues to read from the note..Single judge said authorities to decide in accordance with law .. how can today an Indian court say that a party will not rely on a SEBI order.... SEBI is not party to your silly Arbitration: Salve.These are grounds of Amazon appeal that this court is hearing.. : Salve.My grounds are not even mentioned in the impugned order : Salve.I wanted to file an affidavit..I wasn't given four days time : Salve.Salve reads the note on importance of deal with Reliance. .Amazon investment is worth zero now : Salve.This is all banks and other creditors : Salve.Reliance will pay future salaries. What about past? Reliance will give cash to Future : Salve.In today's time when people are looking at this glimmer of light.. you want to kill this company. You have a deal in hand. The down side of the order has to be seen : Salve.I'm saying that the order is stayed right away: Salve.NCLT will pass the order only after resolution is passed. Amazon will raise objections.. : Salve.And then the transfer will be complete: Salve.If we are able to establish.. they can be compensated for their 1413 crore. the real mischief is that they don't care about the investment and employees. Mukesh Ambani should not get the shops. They are the real competitors on the ground: Salve.There is not even a passing mention in the impugned order. This was not even their prayer. Prayer was limited to we should not rely : Salve.What is the balance of convenience? Look at justice Mukta Gupta.. That is how court carefully mold.. : Salve.What the reserved order is going to say is no secret: Salve.You've not even started enforcement.. are the authorities party to the case? Arbitration awards are don't bind govt and statutory authorities: Salve.High Court also account for this now. This order cannot stand for a minute: Salve.They have gone in appeal and not got a stay (on Justice Mukta Gupta order) : Salve.Salve reads the appeal memo in Amazon's appeal against Justice Mukta Gupta order...I argued before Single judge that when a high court judge has prima facie held that I was not party to Arbitration Agreement, how can it be enforced against me?: Salve.Salve continues to read..The single judge (Justice Gupta) rejected the EA order wholly. The EA award was argued over and over: this is an appeal that came before this court. We told the Single judge that the order was not stayed: Salve.Single judge (Justice Midha) has formed a prima facie view contrary to the prima facie view : Salve.Single judge has taken a directly contrary view: Salve.The consequences of not staying the order would be absolute disaster for my clients : Salve.Salve reads the deal with Reliance..This is an ad interim order but the consequences .. the court has to see the plus and minus. If order is not passed.. first step is the hearing before NCLT : Salve.Even the prayers didn't say stay third parties. Today what is going to happen if the order is stayed.. : Salve.It does not cause any prejudice to Amazon. There will only be meetings .. : Salve.If this process if held up till single judge decides, this time will be lost. Assuming all this goes through, Amazon says in invested 1413 crore.. as if it means the world to them ..they can he compensated for that : Salve.Single judge should have seen the plus and minus: Salve.Whether section 17 applies or not is arguable. Limitation will start running against me because Single judge says it is appealable. Look at section 37: Salve.Salve reiterates that Emergency Arbitrator is not the Arbitral Tribunal..The consequence will be disastrous.. we said thus section 17 should apply only to orders of final Arbitral Tribunal: Salve.It's a strongly arguable point. There is a prima facie observation is that there is no Arbitration Agreement. The case is against Amazon. Get the observations set aside and them come for enforcement: Salve.If appeal is also dismissed.. and the single judge order is upheld.. and they enforce the award... Two single judges can't take two conflicting opinions : Salve.Single judge must prevail over Emergency Arbitrator: Salve.Comity of institutions and not even a fleeting reference to balance of convenience.. NCLT proceedings can go on..: Salve.There is a strong arguable case..if some bank takes FRL to IBC, who is going to care about Amazon. The consequences of this order are unimaginable: Salve .Salve concludes..Senior Advocate Gopal Subramanium begins for Amazon..There was an arbitration clause under which rules were the SIAC Rules: Subramanium.Subramanium reads the dispute resolution clause..The arbitration clause contemplated SIAC Rules. Seat and venue was Delhi: Subramanium.It fell in Part I of Arbitration Act: Subramanium.Subramanium refers to the clause on remedies (injunction) available to parties in case of breach..The SIAC Rules contemplate that an Arbitrator includes an Emergency Arbitrator: Subramanium.Emergency Arbitrator has powers coextensive with that of an Arbitrator: Subramanium.EA order is valid for 90 days unless Arbitral Tribunal is appointed. Notice of Arbitration is October 5, 2020: Subramanium.EA asked FRL if they were prepared to give assurance.. they declined. FRL appeared before Emergency Arbitrator. Matter was heard at length and detailed order was pronounced on October 25, 2020 : Subramanium.Emergency Arbitrator injuncted FRL and all Respondents .. he prima facie held that there was breach .. : Subramanium.He said he could not allow that everything is unraveled before Arbitral Tribunal comes into existence: Subramanium.Subramanium reads the Emergency Award order..This is an injunction against FRL.. and all other parties. All of them were injuncted from pursuing even an application: Subramanium.his order is of an interim measure. If Emergency Arbitrator is not alien to Part I then there can be no doubt that section 17 will apply: Subramanium.Order of Arbitrator is deemed to be an order of the court. Is the Emergency Arbitrator order intact? Yes. Has it been set aside in Appeal? No. The single judge (Justice Mukta Gupta) says I'm not touching the EA order: Subramanium.Single judge preserves the EA order. Single judge was only dealing with an application for injunction against Amazon in relation to letters to statutory authorities: Subramanium.The application itself was dismissed. Why? Because single judge said I would suffer irreparable loss: Subramanium.Merely saying that statutory authorities will take a decision, doesn't mean the EA order is superseded. It can be superseded only in manner known to law. There is no appeal or application to vacate the EA order: Subramanium.It is not when the enforcement proceedings started that they wrote to the Arbitration Tribunal saying they would make an application for vacating the EA order: Subramanium.It is wrong to say that order of Arbitrator has been superseded. The single judge does not discuss the Emergency Arbitrator Award: Subramanium.Single judge permits me to rely on the Emergency Arbitrator Award before the statutory authorities: Subramanium.The impugned order is for a limited period till he pronounces an order ..it is a protective order : Subramanium.All approvals.. CCI, NSE, Sebi.. are on applications that persisted in violation of EA order: Subramanium.Somebody has an approval in pursuance to applications that are in violation of Emergency Award.. : Subramanium.Can a party infringe an order without even challenging it. Even in the suit, there is no challenge to the Emergency Award: Subramanium.As of today, there is no appeal or application to vacate the Emergency Award order. In the absense of an challenge.. even the Emergency Arbitrator as the power to decide its jurisdiction: Subramanium.The point that FRL should not be made a party was rejected on the doctrine of implied consent : Subramanium.I did not hear a sentence crucial to this case. Who received this INR 1431 crore? FRL. In return, you would not throe away the assets and enter into contract with restricted persons: Subramanium.He is a beneficiary of 1431 crore.. there was a downstream investment in FRL. It is well known in India and protective rights are given. There's nothing extra-ordinary: Subramanium.Tomorrow if retail sector opens up, these retail assets would be available. This was the motive: Subramanium.I want to start by showing why the Emergency Arbitrator passed the award.. it was satisfied that we were making genuine efforts : Subramanium.Subramanium reads Emergency Award..It is not an unreasoned order. He heard everyone: Subramanium.Subramanium reads the findings in Emergency Award..It's a Delhi seated Arbitration, it is an order enforceable under section 17. The order is intact: Subramanium.The single judge has preserved the order: Subramanium.The judge dismissed their application.. the court will find no reference to the Emergency Award because the court notes that the award can't be challenged in a suit: Subramanium.Today we have an order.. under Part I: Subramanium.Delhi, Mumbai Arbitration Centers have rules. Emergency Arbitration is not alien to Part I: Subramanium.Origination of Jurisdiction is section 17: Subramanium.All this was argued. We must expect the single judge to consider when he passes the order. What are the directions.. we have to see: Subramanium.What is it that I'm seeking. I'm saying after this order was passed. In violation of the EA order, FRL persisted. : Subramanium.I said don't disrespect Emergency Award order. Justice Mukta Gupta does not displace the Emergency Award order. If I can rely on the directions of the orders , it can't be that I can't enforce the order : Subramanium.When application was taken up by single judge...it is not fair to say that single judge didn't give an opportunity to argue. It was heard for five afternoon: Subramanium.The single judge will consider the note.. : Subramanium.The matter in appeal is that when there is an arbitration clause, the suit was not maintainable. The judge made certain observations that were not necessary. Can't say they were findings: Subramanium.The judge has very fairly recorded that this suit cannot lie to question the Emergency Award: Subramanium.There are remedies in law. No litigant can participate in proceedings and ..and then given this indulgence. Our country is always aligned to Rule of law. If this is an order of Arbitrator Tribunal equated to the order of the court.. as long as it exists, there must....Be adherence to Rule of law : Subramanium.The foundation in the plaint and Justice Gupta order is that Emergency Award is bereft of any sanctity.. : Subramanium.Let us wait for the order.. matter was heard for five afternoon and notes were given. It is only fair to give the judge the opportunity: Subramanium.Single judge said I have to hold your hand till I pass an order : Subramanium.Our concern was that it was an important case.. if Parliament has equated Arbitration Award as order of court, what is its meaning: Subramanium.It is deemed to be an order of the court for all purposes : Subramanium reads section 17..When we equate.. then it is no longer Emergency Award order. It is an order of the court: Subramanium.If a person doesn't file an appeal, can he in self styled way say it is not an order of the court? : Subramanium.Subramanium refers to sections 36, 37 of Arbitration Act..To enforce it as decree, it exists in section 36. Similarly, in section 49 of Part II : Subramanium.The jurisdiction of the single judge originates in section 17(2). Such an order is not appealable. Emergency award is appealable under section 37 : Subramanium.Subramanium reads section 37..The protective order of the single judge is not amenable to appeal: Subramanium.No case is made out for not awaiting the order: Subramanium.When Emergency Arbitrator passed the order, is the position that remains today : Subramanium.When was the NCLT Petition filed? January 26...after enforcement plea was filed : Subramanium.Not fair to single Judge to guess his reasons. What is he finally going to say is entirely upto him : Subramanium.Subramanium says NCLT Petition has been adjourned till March 1..It is nobody's contention that there is no clause of prohibition: Subramanium.Emergency Arbitrator finds that there is no answer to breach : Subramanium.These applications and approvals are post Emergency Award... obtained in violation of the order. Should not a court protect its orders : Subramanium.Subramanium reads the single judge order. .I'm confident that the single jud.ge would deal with all the points : Subramanium.Can anyone style an order of the court as a nulity? He must challenge the order : Subramanium.He has passed a protective order till an order is passed : Subramanium.This was not done to embroil the govt. It was done to notify the authorities. Status quo is on the party : Subramanium.Till now, FRL has not moved any application before the regular Tribunal : Subramanium.Apart from justice Mukta Gupta order, I will satisfy that an Emergency Arbitrator is always considered to be an Arbitrator: Subramanium.Subramanium refers to the SIAC Rules. Single judge is only an order dismissing an application. It has not superseded the Emergency Award: Subramanium.The order is intact and preserved: Subramanium.There is no reference to any portion of the Emergency Award because it was not in challenge : Subramanium.Under section 2(8), rules of institution are treated to be part of the Arbitration agreement. Please see the SIAC Rules: Subramanium.Subramanium takes the court through SIAC Rules to show that Emergency Arbitrator is an Arbitrator..FRL also approached SIAC raising objections.. he also argued before the Emergency Arbitrator: Subramanium.You can be a party to Arbitration Agreement under group of companies doctrine by virtue of implied consent : Subramanium.Subramanium continues to read the SIAC Rules..Subramanium submits that Emergency Arbitrator has the power to decide its jurisdiction and pass Interim orders..They had an opportunity until the Arbitral Tribunal was created approach the Emergency Arbitrator...can a party just declare it a nulity and disobey it : Subramanium.Except for FRL, all other parties, the promoters are party to the Arbitration agreement: Subramanium.He heard everyone .. it is completely transparent: Subramanium.Arbitral Tribunal was constituted within 90 days. Emergency award is alive. They can move the Arbitral Tribunal: Subramanium.They say they are going to apply without prejudice.. the single judge has preserved the order: Subramanium.I had to give an undertaking to secure the order: Subramanium.Subramanium states that Emergency Arbitrator Award is binding on parties..A waiver cannot be made against section 37. So appeal can be filed: Subramanium.But you will show Emergency Arbitrator respect unless it is set aside : Subramanium.SIAC Rules are a part of the Arbitration agreement. Part I applies. Emergency Arbitrator was entitled to pass an order under section 17 which can be enforced: Subramanium.Emergency Arbitrator says Indian laws have no provisions that bar Emergency Award: Subramanium.We will continue tomorrow after recess : Court.Hearing adjourned till February 5.

No case made out to not await Single Judge's interim order: Amazon to Delhi High Court in FRL's appeal against status quo order [LIVE UPDATES]

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