This Term, the Supreme Court will hear a case that could have profound ramifications for international arbitration: CC/Devas (Mauritius) Ltd v Antrix Corp Ltd. The petitioners are seeking to enforce an arbitration award they won against a state-owned company in India. The district court enforced the award, relying on the New York Convention and the exception for arbitration enforcement in the Foreign Sovereign Immunities Act (FSIA). The Ninth Circuit reversed on the ground that the state-owned company lacked sufficient ‘minimum contacts’ with the United States. The Supreme Court granted review to determine what role minimum contacts should play in arbitration enforcement … (more)
[Robert Kry, Transnational Litigation Blog, 12 December 2024]
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