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UNITED KINGDOM 17 April 2025 Devas
High Court of Justice, Commercial Court, 17 April 2025, CL-2021-000253
(CC/Devas (Mauritius) Ltd. et al. v. The Republic of India)
UNITED KINGDOM 17 April 2025 Devas
Jurisdiction
United Kingdom
Original full text
Full text decision UNITED KINGDOM 17 April 2025 Devas
Summary
The High Court held that ratification of the New York Convention by India does not, in and of itself, amount to consent to the waiving of immunity by way of a “prior written agreement”, within the meaning of Sect. 2(2) of the State Immunity Act 1978.
Related topics
105
"Persons, whether physical or legal" (paragraph 1) (including sovereign immunity)
The court discusses issues relating to the quality of the parties, as physical or legal persons against whom enforcement of an arbitral award is sought, including the incapacity of a State to enter into an arbitration agreement, and questions relating to sovereign immunity. For the related defenses to enforcement, see Art. V(1)(a).