Federal Court of Australia
Federal Court of Australia
CC/Devas (Mauritius) Ltd. v Republic of India (No 2) [2023] FCA 527 File number(s): NSD 347 of 2021
Judgment of: JACKMAN J
Date of judgment: 16 May 2023
Catchwords: PRACTICE AND PROCEDURE – ex parte application for substitution of parties – power to make an order for substitution, and not merely joinder and removal – order for substitution must serve a useful purpose – valid succession to rights or liabilities is a condition precedent to substitution – substitution order made PRIVATE INTERNATIONAL LAW – whether assignments of quantum award of arbitral tribunal valid – applicable choice of law rules – assignments effective under whichever law governs the assignment agreements
Legislation: Federal Court Rules 1979 (Cth) Federal Court Rules 2011 (Cth) rr 9.09, 9.11 Conveyancing Act 1919 (NSW) s 12 Dutch Civil Code Arts 3:83, 3:94 Law of Property Act 1925 (UK) s 136 Transfer of Property Act 1882 (India) ss 6, 130 Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 330 UNTS 3 (entered into force 7 June 1959) India-Mauritius Bilateral Investment Treaty (entered into force 20 June 2000) Art 8 UNCITRAL Arbitration Rules 1976 Art 16 Statute of the International Court of Justice Art 38(1)(c)
Cases cited: Belize Social Development Ltd v Government of Belize, 5 F. Supp. 3d 25 (D.D.C. 2013) Daebo Shipping Co Ltd v The Ship Go Star [2012] FCAFC 156; (2012) 207 FCR 220 Enka Insaat Ve Sanayi AS v OOO Insurance Company Chubb [2020] UKSC 38; [2020] 1 WLR 4117 Global Distressed Alpha Fund I LP v Red Sea Flour Mills Co Ltd, 725 F. Supp. 2d 198 (D.D.C. 2010) Jennings v Credit Corp Australia Pty Ltd (2000) 48 NSWLR 709 Kingdom of Spain v Infrastructure Services S.à.r.l [2023] HCA 11 Montedipe SpA v JTP-RP Jugotanker (The "Jordan Nicolov") [1990] 2 Lloyd's Rep 11 Neilson v Overseas Projects Corporation of Victoria Ltd [2005] HCA 54; (2005) 223 CLR 331 PhotoCure ASA v Queen's University at Kingston [2002] FCA 1079; (2002) 56 IPR 534 Republic of Ecuador v Occidental Exploration and Production Co [2006] QB 432; [2005] EWCA Civ 1116 Rumput (Panama) SA v Islamic Republic of Iran Shipping Lines (The "Leage") [1984] 2 Lloyd's Rep 259 Socony Mobil Oil Co Inc v The West of England Ship Owners Mutual Insurance Associate (London) Ltd (The "Padre Island") [1984] 2 Lloyd's Rep 408 Vintage Developments Pty Limited v GHD Pty Limited (No 2) [2006] FCA 1437 Warrell v Westpac Banking Corporation [1994] FCA 472; (1994) 51 FCR 304
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