Federal Court of Australia
Federal Court of Australia
CC/DEVAS (Mauritius) Ltd v Republic of India [2021] FCA 975 File number: NSD 347 of 2021
Judgment of: STEWART J
Date of judgment: 13 August 2021
Catchwords: ARBITRATION – international arbitration – where applicants seek to enforce an award under s 8(3) of the International Arbitration Act 1974 (Cth) – where respondent is a foreign State – where respondent appeared conditionally to require service and claim immunity under the Foreign States Immunities Act 1985 (Cth) – where applicants now apply for leave to serve outside of Australia – consideration of requirements
Legislation: Federal Court of Australia Act 1976 (Cth) s 19(1) Foreign States Immunities Act 1985 (Cth) ss 10(7), 23, 24, 25 International Arbitration Act 1974 (Cth) ss 3(1), 8(3) Judiciary Act 1903 (Cth) s 39B(1A) Federal Court Rules 2011 (Cth) rr 10.42, 10.43, 13.01, 28.44(3) Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Opened for signature 10 June 1958. 330 UNTS 3 (entered into force 7 June 1959)
Cases cited: Eiser Infrastructure Ltd v Kingdom of Spain [2020] FCA 157; 142 ACSR 616 Republic of Ecuador v Occidental Exploration and Production Co [2005] EWCA Civ 1116; [2006] QB 432
Date of hearing: 13 August 2021
Registry: New South Wales
Division: General
National Practice Area: Commercial and Corporations
Sub-area: International Commercial Arbitration
Number of paragraphs: 25
Counsel for Applicants: J Hogan-Doran SC
Solicitor for Applicants: Norton Rose Fulbright
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