India Wins Sovereign Immunity Case in Australia High Court Over $111M Award in Antrix-Devas Case

The High Court of Australia ruled that India is entitled to sovereign immunity in proceedings seeking to enforce a $111 million arbitral award from the Antrix-Devas dispute.

A seven-judge Bench led by Chief Justice Stephen Gageler held that India's ratification of the New York Convention does not constitute a waiver of immunity.

The Court dismissed an appeal by CCDM Holdings, clarifying that the Convention lacks a "clear and unmistakable" intention to waive state immunity.

The ruling underscores that enforcement obligations remain subject to domestic procedural laws, overturning a previous finding that ratification equaled a submission to foreign jurisdiction.

[CCDM Holdings LLC v. The Republic of India]