18 March 2021| Amazon.Com NV Investment Holdings LLC v. Future Coupons Private Limited & Others Delhi High Court | JR Midha | OMP (ENF)(Comm) 17/2021 | 2021 SCC OnLine Del 1279 | Stayed by the Supreme Court
At the core of the dispute between Amazon and the Future group, for the present purposes, is an order made by an Emergency Arbitrator (“EA”) appointed under the Rules of the Singapore International Arbitration Centre. Among the various proceedings is Amazon’s petition to enforce under Section 17 (2) ACA the order of the EA. On 02 February 2021, the Delhi High Court made an interim order and by its judgment of 18 March 2021 decided Future group’s objections on enforceability.
The High Court has ruled on the legal status of an Emergency Arbitrator (“EA”) and concluded that an EA is an Arbitrator for all intents and purposes under the ACA and his order is enforceable under Section 17(2) ACA. Additionally, an interim measure ordered by the EA not having been appealed in accordance with law is effective and cannot be challenged in enforcement proceedings under Section 17(2) ACA.
The group of companies doctrine has been neatly summarised. Several orders have been made under Order XXXIX Rule 2A of the Code of Civil procedure, 1908 to punish the respondent for deliberate and wilful violation of an earlier interim order.
From various proceedings among the parties, the matter was taken to a 2-judge bench of the High Court and then to the Supreme Court of India. Several issues are pending before the Supreme Court in SLP (C) No. 002856-002857/2021 as well as SLP(C) No. 006113 - 006114/2021
Read the order here.