
Ahmed and Mohammed look at the intricacies involved in the recent decision of the Commercial Court in CC/Devas and others v The Republic of India. Here, the court was asked to determine whether a state waives its right to sovereign immunity and thereby submits to the adjudicative jurisdiction of the English courts because it has ratified the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
Sir William Blair found in favour of India.
Ahmed and Mohammed write: ‘This decision is significant for the law and practice of international commercial arbitration. It illustrates some of the difficulties which may arise when a party is seeking to enforce an arbitral award against a state.’