1. Two important questions arise in these appeals-first, as to whether an "award" delivered by an Emergency Arbitrator under the Arbitration Rules of the Singapore International Arbitration Centre ["SIAC Rules"] can be said to be an order Under Section 17(1) of the Arbitration and Conciliation Act, 1996 ["Arbitration Act"]; and second, as to whether an order passed Under Section 17(2) of the Arbitration Act in enforcement of the award of an Emergency Arbitrator by a learned Single Judge of the High Court is appealable.
2. The brief facts necessary to appreciate the context in which these two questions arise are as follows:
2.1. Proceedings were initiated by the Appellant, Amazon.com NV Investment Holdings LLC ["Amazon"] before the High Court of Delhi Under Section 17(2) of the Arbitration Act to enforce the award/order dated 25th October, 2020 of an Emergency Arbitrator, Mr. V.K. Rajah, SC. This order was passed in arbitration proceedings being SIAC Arbitration No. 960 of 2020 commenced by Amazon against Respondents No. 1 to 13, who are described as under:
(i) Respondent No. 1 - Future Retail Limited, India's second-largest offline retailer ["FRL"]
(ii) Respondent No. 2 - Future Coupons Pvt. Ltd., a company that holds 9.82% shareholding in FRL and is controlled and majority-owned by Respondents No. 3 to 11 ["FCPL"]
(iii) Respondent No. 3 - Mr. Kishore Biyani, Executive Chairman and Group CEO of FRL
(iv) Respondent No. 8 - Mr. Rakesh Biyani, Managing Director of FRL
(v) Respondents No. 4 to 7 and 9 to 11 - other members of the Biyani family, namely, Ms. Ashni Kishore Biyani, Mr. Anil Biyani, Mr. Gopikishan Biyani, Mr. Laxminarayan Biyani, Mr. Sunil Biyani, Mr. Vijay Biyani, and Mr. Vivek Biyani, who are promoters and shareholders of FRL
(vi) Respondents No. 12 and 13 - Future Corporate Resources Pvt. Ltd. and Akar Estate and Finance Pvt. Ltd., group companies of FRL
Respondents No. 1 to 13 are hereinafter collectively referred to as the "Biyani Group".
2.2. The seat of the arbitral proceedings is New Delhi, and as per the arbitration Clause agreed upon by the parties, SIAC Rules apply.
2.3. Three agreements were entered into between the parties. A Shareholders' Agreement dated 12th August, 2019, was entered into amongst the Biyani Group, i.e., Respondents No. 1 to 13 ["FRL Shareholders' Agreement"]. Under this Shareholders' Agreement, FCPL was accorded negative, protective, special, and material rights with regard to FRL including, in particular, FRL's retail stores ["retail assets"]. The rights granted to FCPL under this Shareholders' Agreement were to be exercised for Amazon's benefit and thus were mirrored in a Shareholders' Agreement dated 22nd August, 2019 entered into between Amazon, FCPL, and Respondents No. 3 to 13 ["FCPL Shareholders' Agreement"]. Amazon agreed to invest a sum of Rs. 1431 crore in FCPL based on the rights granted to FCPL under the FRL Shareholders' Agreement and the FCPL Shareholders' Agreement. This investment was recorded in the Sha........