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Presenting Partner

Life Insurance Corporation of India

Moneycontrol

Budget 2022

Technology Partner

Dell Technologies

Associate Partners

Kotak Mutual Fund
Pharmeasy
Indiabulls
SBI
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Future Retail

Reborn7
Bronze Member

318 Messages

CONCLUSION It is our opinion that the order of the Division Bench rightly set-aside the judgment of the Ld. Single Judge in the Petition filed by Future against the Tribunals impugned orders. It is also our opinion that the order of the Division Bench has exemplified an approach that can guide Courts when they are confronted with tricky situations on whether to exercise their extraordinary powers under Article 226 & 227 of the Constitution. It is true that the on-going arbitral proceedings between Amazon and the Future Group are being adjudicated by an international tribunal administered under the SIAC Rules, but in essence the arbitration still remains a domestic arbitration seated in New Delhi. In view of the above, it is imperative that the orders passed by top-regulatory bodies such as the CCI must be afforded adequate consideration by international arbitral tribunals, so that Indias domestic public policy and the Indias anti-trust framework is not thwarted for want of consideration by foreign arbitral tribunals. It is our opinion that order of the Division Bench has not cast any eclipse on the sacrosanct concepts of ease of doing business and investor confidence in India. The Division Benchs approach is in fact a welcome-step in reminding international arbitral tribunals of their duty to pay adequate heed to the orders of sovereign bodies and to protect Indias domestic public policy. ARTICLE Written by :(Hiroo Advani is an authority on arbitration law and one of only two Indian lawyers ever listed in the International Whos Who of Commercial Arbitrators)

12.57 AM Jan 15th
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