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 court determined that the Interveners (Mauritian Companies represented by Gibson Dunn & Crutcher LLP on instructions of directors/shareholders) should be joined as parties to the Arbitration Claim, and that four preliminary issues concerning the court's jurisdiction and the applicability of section 45 of the Arbitration Act 1996 should be determined before any substantive hearing of the section 45 application. The court found that these preliminary issues are short points of statutory construction and case management, and that their resolution may obviate the need to address the substantive question of law sought by India and the Administrator.

Parties
Claimant: The 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
07 September 2025
Procedural Posture
Arbitration Claim / Application for Joinder and Preliminary Issues Determination Prior to Substantive Hearing of Section 45 Arbitration Act 1996 Application
Outcome
Application for joinder granted; preliminary issues to be determined before substantive hearing of section 45 application.
Legal Topics
Authority to Represent Company in Arbitration, Recognition of Foreign Insolvency Orders, Jurisdiction of English Courts Under Arbitration Act 1996, Procedural Powers of Arbitral Tribunal, BIT Arbitration, Public Policy and Due Process
Arbitration Insolvency Company Law Conflict of Laws Authority to Represent Company in Arbitration Recognition of Foreign Insolvency Orders Jurisdiction of English Courts Under Arbitration Act 1996 Procedural Powers of Arbitral Tribunal +2 more

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Parties

The 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 / Application for Joinder and Preliminary Issues Determination Prior to Substantive Hearing of Section 45 Arbitration Act 1996 Application

Legal Issues

  1. 1 Whether the Tribunal seated in England is required to apply Mauritian law (and only Mauritian law) to determine authority to instruct lawyers for the Defendants in the Arbitration
  2. 2 Whether the court has jurisdiction to hear the section 45 application without consent of the parties as determined by the Tribunal
  3. 3 Whether the section 45 application is an impermissible challenge to a procedural order of the Tribunal

Ratio Decidendi

The court determined that the Interveners (Mauritian Companies represented by Gibson Dunn & Crutcher LLP on instructions of directors/shareholders) should be joined as parties to the Arbitration Claim, and that four preliminary issues concerning the court's jurisdiction and the applicability of section 45 of the Arbitration Act 1996 should be determined before any substantive hearing of the section 45 application. The court found that these preliminary issues are short points of statutory construction and case management, and that their resolution may obviate the need to address the substantive question of law sought by India and the Administrator.

Court Disposition

Application for joinder granted; preliminary issues to be determined before substantive hearing of section 45 application.

Orders

  • Mauritian Companies represented by Gibson Dunn & Crutcher LLP on instructions of directors/shareholders joined as Interveners.
  • Preliminary issues 1-4 (jurisdiction and applicability of section 45) to be determined at a separate hearing before substantive section 45 application.