Merger case: Sony says disappointed with Singapore arbitrator's decision
Singapore tribunal’s emergency arbitrator rejected its plea to restrain Zee from approaching NCLT and asserted that it will “vigorously arbitrate” the matter in the international tribunal.
PTI
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Sony had last month terminated the agreement with ZEEL to merge its two Indian entities.
Mumbai, 5 Feb
Sony on Monday said it is “disappointment” with the
Singapore tribunal’s emergency arbitrator’s decision rejecting its plea to
restrain Zee from approaching NCLT and asserted that it will “vigorously
arbitrate” the matter in the international tribunal.
An emergency arbitrator of the Singapore International
Arbitration Centre (SIAC) rejected a plea of Culver Max and BEPL (Bangla
Entertainment Pvt Ltd) seeking an order to restrain Zee Entertainment
Enterprise Ltd (ZEEL) from approaching any corporate dispute tribunal or NCLT
for enforcing the merger that was called off by the Japanese media company’s
Indian arm.
SIAC on Sunday rejected the plea, citing a lack of its
jurisdiction.
Sony Pictures Entertainment in a statement on Monday said,
the company remains confident in the merits of the matter and pursues Sony
Pictures Network India’s (now Culver Max) right to terminate the merger
agreement and seek damages from Zee Entertainment Enterprises Ltd (ZEEL).
“We are disappointed in the decision by the Singapore
International Arbitration Centre (SIAC). This decision is only a procedural
one, ruling only as to whether Zee Entertainment would be permitted to pursue
its application with the NCLT,” it said.
It further said: “We will continue to vigorously arbitrate
the matter in Singapore in front of a full SIAC tribunal and pursue SPNI’s
right to terminate the merger agreement and seek a termination fee and other
remedies. We remain confident in the merits of our position in both Singapore
and India.” Sony Pictures Networks India (SPNI) is a subsidiary of Sony
Corporation which owns and operates the Sony Entertainment network of
television channels. It also owns Sony Pictures Network India.
“We wish to inform that the Emergency Arbitrator has passed
an award dated February 4, 2024 denying the application for emergency interim
relief filed by Culver Max and BEPL and has determined that the Emergency
Arbitrator has no jurisdiction or authority to injunct the Company from
approaching the NCLT to implement the Merger Scheme since these are matters
which fall within the statutory system and are for the NCLT to decide,” ZEEL
had said in a regulatory filing on Sunday while updating the development.
Sony had last month terminated the agreement with ZEEL to
merge its two Indian entities — Culver Max Entertainment (earlier known as Sony
Pictures Network India) and BEPL– with the Indian media company.
Sony Group Corporation (SGC) had said ZEEL failed to satisfy
merger conditions and also initiated arbitration proceedings before SIAC
claiming USD 90 million (around Rs 748.5 crore) as a termination fee.
On the other hand, ZEEL filed a petition before the National
Company Law Tribunal (NCLT), seeking a direction for Sony Group to implement
the merger.
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