CROSS POST: FEDERAL COURT OF AUSTRALIA AFFIRMS JURISDICTION TO ENFORCE ARBITRAL AWARDS AGAINST FOREIGN STATES PARTY TO THE NEW YORK CONVENTION

In a recent post on our Arbitration Notes blog, Andrew Cannon, Antony Crockett, Chad Catterwell, James Allsop, Imogen Kenny and Joy Rao consider the Federal Court of Australia decision in CCDM Holdings, LLC v Republic of India (No 3) [2023] FCA 1266. The central issue was whether India, a Contracting State to the 1958 New York Convention on the Recognition and Enforcement of Arbitration Awards (New York Convention), had waived sovereign immunity and submitted to the jurisdiction of the Court with respect to proceedings for the recognition and enforcement of an arbitral award. It was ultimately held that India had waived sovereign immunity and submitted to the Court’s jurisdiction “by agreement” within the meaning of the Foreign States Immunities Act 1985 (Cth) (FSI Act) because: (a) India was a signatory of the New York Convention; and (b) the Mauritian investors had tendered a copy of an arbitral award against India together with a prima facie arbitration agreement.

The full post can be read here.

For further information, please contact Andrew Cannon, Partner, Antony Crockett, Partner, Chad Catterwell, Partner, James Allsop, Partner, Imogen Kenny, Senior Associate, Joy Rao, Solicitor or your usual Herbert Smith Freehills contact.