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Supreme Court of India 2022-02-01 partly_allowed

FUTURE RETAIL LTD vs AMAZON.COM NV INVESTMENT HOLDINGS LLC & ORS

Bench: 3 — N.V. Ramana, A.S. Bopanna, Hima Kohli

In Brief

In this landmark arbitration dispute between Amazon and Future Retail Limited over a proposed asset sale to Reliance, the Supreme Court addressed the legal status and enforceability of Emergency Arbitrator awards. The Court held that Emergency Arbitrators delivering interim orders are contemplated by the Arbitration Act and that no appeal lies against enforcement orders under Section 37. However, the Court set aside the Single Judge's enforcement orders for serious procedural violations including denial of natural justice—the respondents were given insufficient time to file replies before a 200-page judgment was passed. The Court found that contempt sanctions requiring 'wilful disobedience' could not be sustained without adequate procedural opportunity, and remitted the matter for reconsideration on merits.

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Arbitration Emergency Arbitrator Interim Relief Natural Justice Commercial Law Scheme of Arrangement

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