Federal Court of Australia
Federal Court of Australia
CCDM Holdings, LLC v Republic of India (No 4) [2023] FCA 1400 File number(s): NSD 347 of 2021
Judgment of: JACKMAN J
Date of judgment: 10 November 2023
Catchwords: PRACTICE AND PROCEDURE – application for leave to appeal from interlocutory judgment – where interlocutory judgment held that there was a waiver of foreign State immunity – where participation in the final hearing of the proceedings may render any rights of appeal nugatory – leave to appeal granted
Legislation: Federal Court of Australia Act 1976 (Cth) ss 24, 25 Foreign States Immunities Act 1985 (Cth) s 10 International Arbitration Act 1974 (Cth) s 8 Federal Court Rules 2011 (Cth) rr 35.12, 35.13 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) Art V
Cases cited: CCDM Holdings, LLC v Republic of India (No 3) [2023] FCA 1266
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: International Commercial Arbitration
Number of paragraphs: 3
Date of hearing: 10 November 2023
Counsel for the Applicants: Ms A Garsia
Solicitor for the Applicants: Norton Rose Fulbright Australia
Counsel for the Respondent: Dr F Roughley SC
Solicitor for the Respondent: White & Case
ORDERS NSD 347 of 2021
BETWEEN: CCDM HOLDINGS, LLC First Applicant
DEVAS EMPLOYEES FUND US, LLC Second Applicant
TELCOM DEVAS, LLC Third Applicant
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