CCDM Holdings LLC and others (Appellants) v The Republic of India (Respondent)

Permission to Appeal granted

Case summary
Permission to Appeal
Previous proceedings
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Case summary

Case ID

UKSC/2026/0132

Parties

Appellant(s)

(1) CCDM Holdings LLC; (2) Devas Employees Fund US LLC; (3) Telcom Devas LLC

Respondent(s)

The Republic of India

Issue

Does ratification of Article III of the 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “Convention”) amount to a waiver by treaty of state immunity for the purposes of section 2 of the State Immunity Act 1978 (the “SIA”)?

Facts

The appeal concerns the trial of a preliminary issue that arises in proceedings brought by the appellants, Mauritian companies, against India to enforce arbitral awards made against India under the Mauritius-India Bilateral Investment Treaty. The preliminary issue is whether India, by consenting to Article III of the Convention, has submitted to the adjudicative jurisdiction of the United Kingdom courts by prior written agreement for the purposes of section 2(2) of the SIA. Sir William Blair, sitting as a High Court judge, found in India’s favour. Blair J concluded that as Article III of the Convention refers to enforcement of awards “in accordance with the rules of procedure in the territory where the award is relied upon”, and state immunity is a “rule of procedure” as a matter of English and international law, Article III preserved state immunity on its own terms. Blair J granted permission to appeal to the Court of Appeal. The Court of Appeal (Phillips LJ, with whom Lewison and Newey LLJ agreed) dismissed the appeal. Phillips LJ stressed that the central question was whether state immunity was a “rule of procedure” for the purposes of Article III and concluded it was. The appellants now seek to appeal to the Supreme Court.