The Republic of India v CC Devas (Mauritius) Ltd (In Administration) & Ors

The Republic of India v CC Devas (Mauritius) Ltd (In Administration) & Ors

The English court has jurisdiction and power to determine the Section 45 application, regardless of the tribunal's procedural orders, as authority to consent is governed by the law of incorporation and English law applies to procedural matters in an English-seated arbitration. Section 45 is not ousted by the parties' choice of international law as substantive law or by tribunal discretion on conflict of laws. The court's jurisdiction is not limited to prospective questions of law, and procedural orders do not have res judicata effect unless they are awards.

Parties
Claimant: Republic of India; Defendant: CC Devas (Mauritius) Ltd (In Administration); Defendant: Telcom Devas Mauritius Limited (In Administration); Defendant: Devas Employees Mauritius Private Limited (In Administration); Intervener: CC Devas (Mauritius) Ltd; Intervener: Telcom Devas Mauritius Limited; Intervener: Devas Employees Mauritius Private Limited
Jurisdiction
England and Wales
Judgment Date
30 January 2026
Procedural Posture
Arbitration Claim / Determination of Threshold Issues on Section 45 Application
Outcome
Threshold issues determined; court has jurisdiction and power to hear Section 45 application.
Legal Topics
Authority to Represent Corporate Parties, Recognition of Foreign Insolvency Orders, Jurisdiction of English Courts in Arbitration, Public Policy in Recognition of Foreign Orders, Procedural Law in Arbitration
Arbitration Conflict of Laws Company Law Authority to Represent Corporate Parties Recognition of Foreign Insolvency Orders Jurisdiction of English Courts in Arbitration Public Policy in Recognition of Foreign Orders Procedural Law in Arbitration

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Parties

Republic of India

Claimant

CC Devas (Mauritius) Ltd (In Administration)

Defendant

Telcom Devas Mauritius Limited (In Administration)

Defendant

Devas Employees Mauritius Private Limited (In Administration)

Defendant

CC Devas (Mauritius) Ltd

Intervener

Telcom Devas Mauritius Limited

Intervener

Devas Employees Mauritius Private Limited

Intervener

Procedural Posture

Arbitration Claim / Determination of Threshold Issues on Section 45 Application

Legal Issues

  1. 1 Whether English court has jurisdiction to hear Section 45 application without consent of parties recognised by arbitral tribunal
  2. 2 Whether Section 45 application is an impermissible challenge to arbitral procedural orders
  3. 3 Whether Section 45 is limited to prospective questions of law not already decided by tribunal

Ratio Decidendi

The English court has jurisdiction and power to determine the Section 45 application, regardless of the tribunal's procedural orders, as authority to consent is governed by the law of incorporation and English law applies to procedural matters in an English-seated arbitration. Section 45 is not ousted by the parties' choice of international law as substantive law or by tribunal discretion on conflict of laws. The court's jurisdiction is not limited to prospective questions of law, and procedural orders do not have res judicata effect unless they are awards.

Court Disposition

Threshold issues determined; court has jurisdiction and power to hear Section 45 application.

Orders

  • Court holds that consent for Section 45 application is a matter for English law and law of incorporation, not limited by tribunal's procedural orders.
  • Court holds Section 45 is not limited to prospective questions of law and is not ousted by parties' choice of international law or tribunal discretion.