Future Retail vs Amazon: Highlights from Delhi HC order-
There is nothing in the Arbitration Act that prohibits the contracting parties from obtaining emergency relief from an emergency arbitrator. #ImportantPrecedent
It cannot be held that an Emergency Arbitrator is outside the scope of arbitration law because the Parliament did not accept Law Commission's recommendation to specifically provide for it, says Delhi HC
Parties in an international commercial arbitration
seated in India can by agreement derogate from the provisions of Section 9 of the A&C Act: Delhi HC
Where parties have expressly chosen a curial law which is different from the law governing the arbitration,
the court would look at the curial law for conduct of the arbitration to the extent it's not contrary to the public policy/mandatory requirements of the latter
Future Retail's Board Resolution of August 29, 2020 is prima facie neither void nor contrary to any statutory provision nor the company's Articles of Association, says Delhi High Court
Given the narrow ambit of permitted matters that can be taken up by FRL without requiring the consent of Amazon, there is prima-facie a very limited discretion available to FRL for conducting its own business: Delhi HC
These covenants prima facie transgress from a protective right to a controlling right in favour of Amazon: Delhi HC
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