Republic of India c. CCDM Holdings
CCDM Holdings, LLC
Devas Employees Fund US, LLC

- Parties: The appellants were CCDM Holdings, LLC; Devas Employees Fund US, LLC; and TELCOM Devas, LLC. The respondent was the Republic of India. 

- 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 appellants’ favour and granted their appeal; reversed the Jan. 8, 2022 judgment; rejected the respondent’s application to dismiss the first seizure; reinstated the first seizure as valid pending a final judgment; and deleted certain paragraphs of the judgment. The appeal court tackled the issues of whether the trial judge erred in concluding that the defence of immunity of the Airport Authority of India (AAI) should be decided on the merits before the making of an order against it for seizure before judgment by third parties, or erred in concluding that the presumption of immunity applied separately to the AAI after concluding that India could not benefit from this presumption.

- 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 appellants. 

Court of Appeal of Quebec
500-09-029899-226
Corporate & commercial law
$ 0
Appellant