CCDM Holdings, LLC & Ors v. The Republic of India
Case No.
S90/2025
Case Information
Lower Court Judgment
31/01/2025 Federal Court of Australia (Sarah C Derrington, Stewart and Feutrill JJ)
Catchwords
International law – United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958) – ArtI(3) – Where a State is permitted on signing Convention to declare that it will apply the Convention only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under the national law of the State making the declaration – Whether reserving State has any obligation to accepting States with regard to arbitral awards outside the scope of its reservation – Where appellant applied for recognition and enforcement of an Award arising from an investor-State claim under the India-Mauritius Bilateral Investment Treaty against the respondent – Vienna Convention on the Law of Treaties (Vienna, 1969) – Art 21 – Foreign States Immunities Act 1985 (Cth) – s 10(2) – Whether ratification of Convention a waiver of immunity in proceedings to enforce the Award – Whether a Contracting State has can be taken to have consented to the exercise of jurisdiction by an Australian Court for the purposes of s 10 of the Foreign States Immunities Act 1985 (Cth) in proceedings under Art III of the New York Convention and s 8 of the International Arbitration Act 1974 to enforce an award against that State, being a State that has made the commercial reservation.
Documents*
12/06/2025 Determination
26/06/2025 Notice of appeal
31/07/2025 Written submissions (Appellants)
31/07/2025 Chronology (Appellants)
28/08/2025 Written submissions (Respondent)
18/09/2025 Reply
*The due dates shown for documents on this page are indicative only.