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The Supreme Court held that Spain and Zimbabwe waived adjudicative immunity under article 54(1) of the ICSID Convention, allowing registration of the awards.
CC/Devas (Mauritius) Ltd & Ors v The Republic of India [2026] EWHC 414 (Comm) (25 February 2026)
The Commercial Court construed a prior order in Devas/India litigation as allowing Dutch-law expert evidence on procedural fairness of the Indian Supreme Court judgment.
On a proper construction of the Teare Order and the Judgment, the parties are permitted to adduce Dutch law expert evidence on the procedural fairness (or otherwise) of the ISCJ as part of the Dutch law criteria for recognition in the Revocation 2 proceedings. If this were not so, the court would grant a variation to allow such evidence. The declaration sought by the Applicants is refused as it would serve no useful purpose.
Source excerpt
The Employment Tribunal did not err in law in finding that Ms Alhayali’s functions were not sufficiently close to the exercise of sovereign authority to attract state immunity under section 4 of the State Immunity Act 1978. The Embassy is not immune from her EU law-derived employment claims. The question of waiver is academic given this finding. The claim for psychiatric injury falls within the personal injury exception in section 5, but the interaction with sections 4 and 16 means that only claims not excluded by those sections are permitted. The appeal is allowed and the ET’s order restored.
Source excerpt
The High Court dismissed an abuse-of-process challenge and allowed a fraud claim to proceed to set aside a default judgment allegedly obtained by false representations.
The High Court granted permission to appeal, reserved costs, and deferred final order terms in a dispute over India’s state immunity and enforcement of arbitral awards.
CC/Devas (Mauritius) Ltd & Ors v The Republic of India (Re Consequential Matters) [2025] EWHC 1189 (Comm) (16 May 2025)
The High Court granted permission to appeal on a state immunity issue under the SIA and reserved costs, holding the matter was exceptional and should be decided later.
JSC DTEK Krymenergo v The Russian Federation [2025] EWHC 1060 (Comm) (02 May 2025)
The High Court granted a stay of enforcement pending Dutch annulment proceedings, but only on condition that Russia pay the award, interest, and costs into court.
The High Court held that India’s ratification of the New York Convention did not itself waive state immunity or submit India to English court jurisdiction.
CC/Devas (Mauritius) Ltd & Ors v Republic of India (Re State Immunity Act 1978 - Arbitration) [2025] EWHC 964 (Comm) (17 April 2025)
The High Court held that India’s ratification of the New York Convention did not itself waive state immunity or submit India to English jurisdiction under section 2(2) of the State Immunity Act 1978.
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