Arbitration
The Republic of India v CC Devas (Mauritius) Ltd (in administration) and other companies [2026] EWHC 156 (Comm)
The Commercial Court determined four threshold issues concerning an application under s 45 of the Arbitration Act 1996 brought by the Republic of India against three Mauritian companies. The application sought determination of whether a tribunal seated in England must apply Mauritian law to determine who has authority to instruct lawyers in an arbitration. The court held that: (1) consent to a s 45 application by corporate parties is not limited to representatives recognised by the arbitral tribunal; (2) a s 45 application is not an impermissible challenge to a tribunal’s procedural order; (3) s 45 is not limited to prospective questions of law but can address questions already decided by a tribunal; and (4) s 45 is not ousted merely because the substantive law is international law, as the law of the seat governs procedural matters. The court ruled it had jurisdiction to determine the question of law raised, though made
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