Jeff Bezos-Mukesh Ambani spat tests India’s allure for foreign investors

Agencies
February 9, 2021

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The tussle between two of the world’s richest men -- Jeff Bezos and Mukesh Ambani -- to dominate India’s estimated $1 trillion retail market is testing foreign investor patience with flip-flopping court rulings.

This week saw new developments in Amazon.com Inc.’s legal battle to block Ambani’s Reliance Industries Ltd. from acquiring Future Retail Ltd.’s assets, in what would be the country’s largest retail-sector deal. Last week, a single judge at a high court in New Delhi restrained Future Group firms from selling their assets. On Monday, a set of judges at the court overruled that decision. Amazon can appeal the latest ruling in the country’s Supreme Court.

The keenly watched case may set an important legal precedent for investors on whether emergency decisions by foreign arbitrators are valid in India. Amazon had petitioned Indian courts with an order from an emergency arbitration court in Singapore that barred Future Retail from making a deal with Reliance.

It could also help overseas investors judge the validity of agreements in India, which the World Bank has ranked among the bottom 15% of countries in terms of enforcing contracts, worse than Venezuela, Syria and Senegal.

“Not giving effect to a foreign arbitration award undermines India’s already floundering reputation as a good place to invest and do business in,” said Bharat Chugh, a former civil judge in Delhi and now a lawyer practicing in India’s top court. Speedy enforcement of contracts and foreign arbitration rulings are important for overseas investors when assessing the attractiveness of an investment destination, he said.

Spokespeople at Reliance Industries, Amazon’s local unit and Future Group weren’t able to comment immediately on the latest ruling. Future Retail’s lawyers have argued in court that the deal is their only chance to avoid bankruptcy and save jobs.

The rulings in Amazon’s case come after two big foreign arbitration awards against India. In September, an international arbitration tribunal said India acted unfairly in a $3 billion tax dispute with Vodafone Group Plc and in another ruling ordered India to return $1.2 billion to Cairn Energy Plc for a similar failure. India has challenged the Vodafone ruling in Singapore, India’s federal government informed Parliament on Monday.

It’s common for companies investing in India to opt for foreign arbitrations as the judicial process in the country can take years. After an overseas arbitrator makes a decision, companies can seek its enforcement via an Indian court if the opposing side doesn’t comply.

Singapore Order

In the Amazon-Future Retail case, in October a Singapore emergency arbitration tribunal ordered the Future Group to halt the sale to Reliance. Amazon cited a partnership agreement with a Future Group firm for a customer loyalty promotion that restricted the group from selling assets to Mukesh Ambani’s company and allowed arbitration in Singapore to settle disputes.

Future Retail has argued in court that the pact with another group firm doesn’t bind it and the Singapore’s emergency arbitration order wasn’t enforceable in India. That prompted Amazon to petition the Delhi High Court to ensure compliance.

Last week, a high court judge halted the deal and said he was of the initial view that the order from the emergency arbitration court in Singapore is valid and can be enforced in India. On an appeal by Future, a two-judge panel allowed the deal, saying Future Retail wasn’t a party to the agreement between Amazon and Future Coupons Pvt. A detailed hearing of the case will be held from Feb. 26, the judges said on Monday.

“Last week’s order would have been some solace to foreign investors worried about the arbitration enforcement regime in India, but the order passed on Monday against Amazon would raise fresh concerns,” said Samudra Sarangi, a partner at law firm Panag & Babu. “An appeal before the Supreme Court may be inevitable.”

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News Network
October 2,2024

The Ministry of External Affairs (MEA) has issued a travel advisory for Indian citizens in light of the escalating tensions in the Middle East, specifically advising against non-essential travel to Iran.

"We are closely monitoring the recent escalation in the security situation in the region. Indian nationals are advised to avoid all non-essential travel to Iran. Those currently residing in Iran are requested to remain vigilant and stay in contact with the Indian Embassy in Tehran," the Ministry of External Affairs said.

For those already residing in the country, the MEA advised vigilance and recommended staying in close contact with the Indian Embassy in Tehran for any assistance. The situation continues to be under observation as tensions in the region unfold.

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News Network
September 23,2024

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New Delhi: Downloading and watching child pornography is an offence under the Protection of Children from Sexual Offences (POCSO) Act, the Supreme Court ruled today in a landmark judgment on the stringent law to prevent child abuse.

The bench of Chief Justice of India DY Chandrachud and Justice JB Pardiwala set aside the Madras High Court order that had ruled that merely downloading and watching child pornography was not an offence under the POCSO Act. The Supreme Court noted that the high court had committed an "egregious error" in passing the judgment.

The Madras High Court's order had come in a case in which a 28-year-old man was charged with downloading child pornography on his phone. The court had quashed the criminal proceedings against the man and said children these days are grappling with the serious issue of watching pornography and society must be mature enough to educate them instead of punishing them.

The Supreme Court today restored the criminal proceedings against the man.

At the outset, Justice Pardiwala thanked the Chief Justice for the opportunity to pen this judgment. The order focused on Section 15 of the POCSO Act which lays down punishment for the storage of pornographic material involving children.

"Any person who stores any pornographic material involving a child and fails to report or destroy it is punishable with a fine of not less than five thousand rupees., and repeat offence will be punishable with fine of not less than ten thousand rupees. If the material is stored for further transmitting or propagating, then along with fine, it is punishable with upto three years of imprisonment. For storing child pornographic material for commercial purpose is punishable with three to five years of imprisonment, and in subsequent conviction, upto seven years of imprisonment," the Section says.

Justice Pardiwala said that in this case, mens rea is to be gathered from actus rea -- mens rea refers to the intent behind the crime and actus rea is the actual criminal act.

"We have said on the lingering impact of child pornography on the victimisation and abuse of children... We have suggested to the Parliament to bring an amendment to POCSO... so that child pornography can be referred to as child sexually abusive and exploitative material. We have suggested an ordinance can be brought in. We have asked all courts not to refer to child pornography in any order," the bench said.

The Chief Justice called it a "landmark judgment" and thanked Justice Pardiwala.

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News Network
September 24,2024

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The Israeli regime’s warplanes have conducted extensive airstrikes against towns and villages across Lebanon, killing at least 492 people.

Lebanon’s health ministry announced the death toll on Monday, saying the victims included 35 children and 58 women.

The ministry said at least 1,645 others had also been wounded in the attacks that targeted the areas earlier in the day.

Lebanon’s health minister Firass Abiad said that the health ministry is working to ensure those injured in Israeli strikes are getting the health care they need.

The health minister said he had asked hospitals to stop taking regular, light cases to make space for the wounded from the south.

“We working on directives for the first-aid centres to be turned into places that can receive the wounded. The displaced people who have cancer, kidney failure and other chronic diseases, we have the plan to continue their treatment in different medical centers,” he said.

The country’s media outlets said the aircraft had bombed all the towns and villages lying on the southern border as well as their surroundings.

Israeli warplanes also reportedly targeted eastern Lebanese areas, including the Bekaa Valley and Baalbek.

Lebanese sources said the airstrikes had targeted a total of more than 40 areas in Lebanon during the attacks.

The Sheikh of the Druze community reached out to the Deputy Head of the Supreme Islamic Shia Council and expressed solidarity and reaffirmed support for the people of southern Lebanon, the southern suburbs, and the Bekaa during this critical period for the country.

The Commissioner of Marjayoun-Hassbaya in the Muslim Scouts, Sheikh Hussein Al-Nader, was killed in an Israeli airstrike that targeted his home in the town of Dibbine, Marjayoun district, South Lebanon.

Three people were injured in an Israeli airstrike targeting the Deir El-Zahrani highway, in South Lebanon.

A family of four was killed in Hermel, Bekaa, due to the recent Israeli airstrikes.

Israeli media outlets, meanwhile, alleged that the attacks had hit locations lying as far as 125 kilometers (77 miles) inside the Lebanese territory.

Israeli military spokesman Danieh Hagari said the regime "will engage in [more] extensive and precise strikes” against Lebanon, adding that the attacks would "go on for the near future.”

The regime has markedly intensified its attacks against the country since October 7, when it launched a genocidal war on the Gaza Strip.

Lebanon’s Hezbollah resistance movement has responded with numerous strikes against the occupied Palestinian territories as a means of both retaliating against the regime and displaying support for the war-hit Gazans.

On Sunday, the group staged its farthest-reaching strikes against the territories since October, firing scores of rockets against the Ramat David Airbase, 20 kilometers (12 miles) southeast of the city of Haifa, and the Rafael weapons manufacturing facility in the Zevulun area north of the city.

It described the strike against the facility as its “initial response” to the regime’s detonation of thousands of booby-trapped pagers and walkie-talkie radios that killed at least 39 people and wounded 3,000 others across Lebanon over Tuesday and Wednesday.

Also on Sunday, Hezbollah’s Deputy Secretary General Sheikh Naim Qassem said the movement was in a "new phase" in its battle against the regime.

"Threats will not stop us... We are ready to face all military possibilities,” he noted.

Qassem made the remarks while attending the funeral of Ibrahim Aqil, one of the group’s senior commanders.

Aqil had been martyred alongside 37 others, including three children and seven women, during an Israeli attack on a residential building in a southern suburb of Lebanon’s capital Beirut on Friday.

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