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CC/DEVAS (MAURITIUS) LTD v ANTRIX CORP LTD, 605 US ____ (2025) (Consolidated with Devas Multimedia Private Ltd v Antrix Corp Ltd) What are the practical implications of this case? Devas v Antrix carries practical consequences for US parties pursuing claims in the United States against foreign sovereign states and their instrumentalities. The Court clarified that the FSIA alone governs when a foreign sovereign state can be deemed to have waived sovereign immunity. Accordingly, those suing foreign states and their instrumentalities, even where the instrumentality is a corporate body, need not undertake any additional ‘minimum contacts’ assessment to establish personal jurisdiction; meeting the FSIA’s own conditions is sufficient. The Court did not, however, decide the factual issue of whether the particular claims in this dispute come within the FSIA’s arbitration exceptions at the outset. The ruling bears on how courts construe the FSIA’s jurisdictional prerequisites as a matter of statutory interpretation...
HIDROELECTRICA SANTA RITA S.A., a Guatemalan company, Petitioner-Appellee, versus CORPORACION AIC, SA, D.C. Docket No. 1:21-cv-23807-RNS What are the practical implications of this case? In an earlier ruling in this matter, the Eleventh Circuit set aside its own prior authority to align with other Circuits, expressly determining that the domestic law articulated in Chapter 1 of the FAA operates as a gap‑filler in this context and supplies the vacatur grounds for an international arbitration award otherwise regulated by Chapter 2. One such Chapter 1 ground permits vacatur where arbitrators act beyond their authority and exceed their powers. This judgment, which endorses the District Court’s subsequent conclusion that the tribunal did not exceed its remit, reaffirms the steep threshold that must be met before a court will set aside an award on that ground, and offers concrete illustrations of when arbitral tribunals—though arguably mistaken—will not be displaced if they are shown to have attempted to interpret or apply the contract in practice. What was the background?...
Paul D Clement of Clement & Murphy PLLC, representing X Corp, Twitter International Unlimited Company and Twitter Asia Pacific PTE Ltd, told a three-judge panel that US District Judge Vince Chhabria was wrong to deploy the ‘most extraordinary remedies in the judicial arsenal’ by issuing an anti-claim injunction that halted overseas cases pending for over 500 days. He contended Judge Chhabria acted ‘with the thinnest of reasoning’ and pressed the Ninth Circuit to set the order aside. His submissions arose at a hearing on the appeal in Media Matters of America’s breach of contract suit, lodged against X Corp in March 2025—months after the platform formerly known as Twitter brought a raft of defamation actions against Media Matters in courts in Texas, Singapore and Ireland. The Media Matters case alleges X Corp and its billionaire chief executive Elon Musk embarked on a ‘globetrotting litigation campaign against Media Matters ... as part of a global campaign of intimidation’. The pleading further asserts that, by pursuing the non-profit in multiple foreign fora,...
This Practice Note explains the types of intellectual property (IP) rights which a business might own, including trade marks, designs, copyright, databases, and patented or patentable technology. This introductory guide supports businesses as they review IP portfolios, run audits, or decide which protections to secure for their assets. IP rights are valuable assets that are critical to many businesses’ success, yet often go unrecognised. Many do not realise the breadth of rights they hold or the advantages they offer. Ensuring this IP is captured and utilised is essential. Below are the principal IP rights with details of assets a business may own. Registered trade marks: registered trade marks and pending trade mark applications. Unregistered trade marks: unregistered business and trading names; product or service names in use; plus product shapes, packaging and slogans. Design rights (registered or unregistered): covers registered designs and applications, as well as unregistered logos, packaging, exterior and interior product design, surface decoration, and circuit board and chip layouts. Copyright:...
This Practice Note offers guidance on completing the most frequently used application notice, form N244. It also explains how to interpret and apply the relevant CPR provisions. Depending on the court handling your case, you may need to consider further requirements—see the section Court specific guidance below. Notably, the Commercial Court and the Circuit Commercial Courts use their own versions of an application notice. For assistance, see Practice Note: The application notice in the Commercial Court—form N244(CC)... What is an application notice? An application notice is the document by which an applicant signals an intention to seek a court order (CPR 23.1). A document will qualify as a valid application notice provided it: states the order sought and, in brief, the reasons for it (CPR 23.6) is signed and sets out (CPR PD 23A, para 2.1): the title of the claim the claim reference number the applicant’s full name where the applicant is not already...
This Practice Note outlines the principal provisions on alternative dispute resolution (ADR) and negotiated dispute resolution (NDR) set out in the various court guides for the different divisions of the High Court, including direction on early neutral evaluation (ENE). Court guides Every division of the High Court publishes its own court guide, offering a general account of that court’s work and practice, along with practical material to be read with the Civil Procedure Rules (CPR) to support effective management of proceedings in that court. These guides are not a replacement for the CPR; rather, they explain how the rules and practice directions are applied in those courts. Although they do not have the status of a Practice Direction and do not possess the force of law, parties are expected to adhere to them; failure to do so may influence how the court exercises its powers under the CPR, which can include the imposition of adverse costs orders. For information on all relevant court guides, see...
Stop press: The 2026 Regulations—Data (Use and Access) Act 2025 (Commencement No 6 and Transitional and Saving Provisions), SI 2026/82—activate the outstanding parts of the Data (Use and Access) Act 2025 (DUAA 2025). Measures on subject access requests, legitimate interests, purpose limitation, automated decision-making, international transfers and enforcement apply from 5 February 2026, while those on penalty notices and complaints take effect from 19 June 2026. For further detail, see Practice Note: Data (Use and Access) Act 2025—employment implications. This Precedent will be refreshed soon to reflect these amendments. Together, these changes complete commencement of the remaining DUAA 2025 provisions. 1 Purpose and scope 1.1 [ Name of organisation ] operates closed circuit television (CCTV) to help ensure a safe and secure environment for staff, visitors and customers, and to safeguard company property...