The Republic of India v CC/devas (Mauritius) Ltd & Ors (Re an Abritration Claim) [2025] EWHC 1738 (Comm) (09 July 2025)

The Republic of India v CC/devas (Mauritius) Ltd & Ors (Re an Abritration Claim) [2025] EWHC 1738 (Comm) (09 July 2025)

The court directed that the Interveners (Mauritian Companies represented by Gibson Dunn & Crutcher LLP on instructions of directors/shareholders) be joined as parties to the Arbitration Claim, as their interests are distinct from those of the Administrator. The court ordered that four preliminary issues concerning the jurisdiction and appropriateness of the section 45 application be determined before the substantive question of law, to avoid unnecessary incursion into arbitral tribunal territory if section 45 is not properly engaged.

Citation
[2025] EWHC 1738 (Comm)
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
09 July 2025
Procedural Posture
Arbitration Claim / Interlocutory Application for Joinder and Preliminary Issues
Outcome
Application for joinder granted; preliminary issues to be determined before substantive question of law.
Legal Topics
Joinder of Parties, Authority to Represent Corporate Parties, Section 45 Arbitration Act 1996, Recognition of Foreign Insolvency Orders, Procedural Fairness in Arbitration
Arbitration Insolvency International Law Joinder of Parties Authority to Represent Corporate Parties Section 45 Arbitration Act 1996 Recognition of Foreign Insolvency Orders Procedural Fairness in Arbitration

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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 / Interlocutory Application for Joinder and Preliminary Issues

Legal Issues

  1. 1 Whether the Tribunal seated in England is required to apply Mauritian law exclusively to determine authority to instruct lawyers for Mauritian companies in arbitration
  2. 2 Whether the court has jurisdiction to hear a section 45 application without consent of all parties as defined 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 directed that the Interveners (Mauritian Companies represented by Gibson Dunn & Crutcher LLP on instructions of directors/shareholders) be joined as parties to the Arbitration Claim, as their interests are distinct from those of the Administrator. The court ordered that four preliminary issues concerning the jurisdiction and appropriateness of the section 45 application be determined before the substantive question of law, to avoid unnecessary incursion into arbitral tribunal territory if section 45 is not properly engaged.

Court Disposition

Application for joinder granted; preliminary issues to be determined before substantive question of law.

Orders

  • Mauritian Companies represented by Gibson Dunn & Crutcher LLP on instructions of directors/shareholders joined as Interveners.
  • Four preliminary issues to be determined at a separate hearing before the substantive section 45 application is considered.