"Your Client Is Trying To Be Too Clever By Half" : CJI Chandrachud To Future Group's Lawyer In Dispute With Amazon

The CJI told Mr. Vishwanathan -

"The intention of your client is to defeat the arbitration; your client is stultifying the order of the Apex Court. As the CJI I am concerned. All ploys by well heeled parties to delay the arbitration proceeding. Your client is trying to be too clever by half."

Senior Advocate, Mr. Gopal Subramaniam appearing for Amazon informed the Bench comprising CJI, Justice D.Y. Chandrachud, Justice Hima Kohli and Justice J.B. Pardiwala that Future Group is trying to stall the Arbitral proceedings. After hearing Counsels for both the parties, the CJI assured Mr. Subramanium that the Apex Court would see to it that the Arbitration Proceeding is not stultified.

"Mr. Subramanium, we will list it next week and ensure that arbitration proceedings are not stultified."

Mr. Subramanium stated that the Tribunal is going for final hearing on the 28th of November. However, Future Group has filed a petition before the Delhi High Court under Article 227 challenging the decision of the Tribunal not to terminate the arbitration proceedings.

Mr. Vishwanathan appearing for Future Group submitted that the orders in the petitions filed by them, including on the issue of maintainability of the Arbitration proceedings have been reserved by the High Court. He added that Amazon has now amended the claim in such a manner that it has altered the character of the proceedings. He suggested if the Apex Court can request the High Court to pronounce the orders and accordingly the Arbitration can proceed or be terminated.

CJI was not inclined to pass such an order, "We will not pressurise the (HC) judge and say you have to render order."

He stated that the Arbitration can proceed and parties can be heard by the Tribunal on 28th Nov. He added -

"If HC holds it's not maintainable then the Tribunal will not go on. But if you fail before the HC you have to go to the Tribunal."

CJI suggested that once the Tribunal has rejected the termination application, the order of the Apex Court has to be given effect to.

"We are concerned with the fact that the order of the Supreme Court should not be reduced to a nullity."