Title:The Dialectic of Treaty Obligations and Domestic Immunity: Revisiting the Enforcement Paradox under English Law in the Application of the New York Convention to State Defendants in cc/devas v. Republic of India
Author(s): Josep Galvez (View Profile)
Journal: Indian Review of International Arbitration
Source: www.iriarb.com
Abstract:
This article undertakes a detailed analysis of CC/Devas (Mauritius) Ltd & Ors v. Republic of India [2025] EWHC 964 (Comm), a significant judgment rendered by the High Court of Justice (Commercial Court) on 17 April 2025. The matter before Sir William Blair concerned the adjudicative jurisdiction of English courts in the enforcement of arbitral awards against a foreign sovereign, namely the Republic of India, and the extent to which ratification of the New York Convention (1958) constitutes a submission to jurisdiction within the meaning of section 2(2) of the State Immunity Act 1978. The claimants, investors under a bilateral investment treaty, sought recognition and enforcement of two arbitral awards seated in The Hague, alleging that India had given its prior written consent to such enforcement under Article III of the Convention. The court was asked to determine whether such ratification alone constitutes a waiver of sovereign immunity under English law. The judgment is notable for its precise delineation of adjudicative versus enforcement jurisdiction, its interpretation of international treaty obligations as domestic waivers of immunity, and its broader implications for investor-State arbitration. This article explores the judgment’s legal reasoning, contextual background, and anticipated impact on future enforcement proceedings involving foreign sovereigns in England and beyond.
Keywords: Arb-Med-Arb, hybrid dispute resolution, mediation, arbitration, Singapore Convention
Cite this as: Josep Galvez, “The Dialectic of Treaty Obligations and Domestic Immunity: Revisiting the Enforcement Paradox Under English Law in The Application of The New York Convention to State Defendants in Cc/Devas V. Republic of India” 5 IRIArb (2025).
*The views expressed are of author(s) only.