Appellant
Respondent
- Parties: The appellant was the Republic of India. The respondents were CCDM Holdings, LLC; Devas Employees Fund US, LLC; and TELCOM Devas, LLC.
- Subject Matter: This case involved three consolidated appeals – with the file numbers 500-09-030393-235, 500-09-029899-226, 500-09-700124-225 – in the context of an application for recognition and enforcement of two foreign arbitral awards. The Republic of India was ordered to pay US$111 million to Devas Multimedia Services’ investors and shareholders, namely CC/DEVAS (Mauritius) Ltd., Devas Employees Mauritius Private Limited, and Telcom Devas Mauritius Limited, domiciled in the Republic of Mauritius. The respondents took over these proceedings.
- Ruling: The appeal court ruled in the respondents’ favour and dismissed the appeal. The appeal court disagreed with the appellant, which challenged a judgment dismissing its application for inadmissibility on the basis of state immunity from jurisdiction and which sought to prevent the application for recognition and enforcement of the arbitral awards. The appeal court held that the trial judge did not err in deciding that the waiver exception applied and rebutted the presumption of state immunity in the context of this proceeding. Since this was sufficient to dismiss India's ground of appeal based on state immunity, the appeal court deemed it unnecessary to address the issue of the commerciality exception, also based on a waiver.
- Date: The appeal court released its decision on Dec. 4, 2024.
- Venue: This was a case before the Court of Appeal of Quebec.
- Amount: The appeal court awarded costs in favour of the respondents.
Court
Court of Appeal of QuebecCase Number
500-09-030393-235Practice Area
Corporate & commercial lawAmount
$ 0Winner
RespondentTrial Start Date
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