Not party to agreement cited by Amazon says Future Retail; ‘deal with Reliance enforceable under the law’
A day after Amazon.com Inc. secured an interim order from Singapore International Arbitration Centre (SIAC) restraining Future Retail Ltd. (FRL) and Reliance Retail Ventures Ltd. (RRVL) to go ahead with their ₹24,713 crore assets acquisition deal, Future Retail said it was not a party to the agreement under which Amazon has invoked arbitration proceedings and it would proceed with the proposed transaction ‘unhindered’ without any delay.
RRVL has also said that it would enforce its rights without delay. “The company has received a communication from the SIAC, enclosing an interim order of the Emergency Arbitrator in the arbitration proceedings under shareholders’ agreement between Amazon, Future Coupons Private Ltd., and the promoter group,” Future Retail informed the BSE.
“The company is examining communication and order. It may be noted that the company is not a party to the agreement under which Amazon has invoked arbitration proceedings,” it said.
“All relevant agreements are governed by Indian law and provisions of the Indian Arbitration Act… and this matter raises several fundamental jurisdictional issues which go to the root of the matter. Accordingly, this order will have to be tested under the provisions of the Indian Arbitration Act in an appropriate forum,” FRL said in a regulatory filing.
“In any enforcement proceedings, FRL would take appropriate steps to ensure that the proposed transaction will proceed unhindered without any delay,” it added.
In a statement issued late Sunday, RRVL, the subsidiary of Reliance Industries Ltd (RIL), said, “the rights and obligations are fully enforceable under Indian law.”
Soon after the order, an Amazon spokesperson said, “We are grateful for the order which grants all the reliefs that were sought. We remain committed to an expeditious conclusion of the arbitration process.”
“SIAC’s decision to put a stay on the sale of Future Group’s consumer business to RIL is unlikely to impact the latter’s credit profile, given its position as the leading retailer in India and its strong financial position.” Sweta Patodia, analyst, Corporate Finance Group, Moody’s Investors Service, said.
‘May delay retail plans’
“Nonetheless, the decision will likely delay RIL’s plans to expand its retail footprint in India,” she added.
RIL’s shares dropped 4% to ₹2,028.70 on the BSE on Monday, while Future Retail’s shares plunged 5% to ₹73.85.