CL-2021-000253 - [2025] EWHC 1189 (Comm)

This decision deals with consequential matters following my judgment given on 17 April 2025 at [2025] EWHC 964 (Comm) in proceedings to enforce arbitration awards against the Defendant (the Republic of India) under s.101 of the Arbitration Act 1996. Only the 4^th to 6^th Claimants appeared on this matter. The judgment answers a question identified for preliminary resolution by Sir Nigel Teare in an order he made on 23 October 2024 and concerns India’s claim to state immunity.

The question is whether India has submitted to the adjudicative jurisdiction of the English Courts by prior written agreement within the meaning of s.2(2) of the State Immunity Act 1978 (SIA) by its ratification of the New York Convention 1958 (NYC) and thereby its consent under Article III to the English Courts recognising and enforcing the Awards. The precise question (the “s.2 question”) is set out in paragraph 7 of my judgment. Suffice it to say that what is contemplated is ratification of the NYC, on its own, and regardless of whether India agreed to arbitration.

The 4^th to 6^th Claimants contended that the answer is “yes”, India contended that the answer is “no”. I found in favour of India on the question.

Three consequential matters arise for decision: (1) the 4^th to 6^th Claimants’ application for permission to appeal; (2) costs consequent on the judgment; (3) the form of the Order resulting from the judgment.

The parties agreed that these issues could be decided on the papers without a further hearing. I received their submissions and supporting material in two tranches, the second being responsive on 6 May 2025.