Jurisdiction(s):
United Kingdom

Republic of India v CC/Devas [2025] EWHC 1738 (Comm): s45 AA 1996 limits on revisiting tribunal representation rulings in London-seated BIT arbitration

Published on: 14 July 2025

Published by a LexisNexis Arbitration expert

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Table of contents

What are the practical implications of this case?
What was the background?
What did the court decide?
Case details

Article summary

The Republic of India v CC/Devas (Mauritius) Ltd (in administration) and other companies (CC/Devas (Mauritius) Ltd and other companies, intervening) [2025] EWHC 1738 (Comm)

What are the practical implications of this case?

The judgment supplies clear direction on the boundaries of judicial intervention under AA 1996, s 45 where an arbitral tribunal has already resolved a procedural point—namely, who is authorised to represent the parties in the arbitration. It emphasises that s 45 should not be deployed to re‑argue determinations the tribunal has made, particularly where those determinations engage knotty questions of representation, public policy, and international law. The decision also brings into focus the procedural pitfalls that can arise in BIT arbitrations when insolvency or administration proceedings in a claimant’s home jurisdiction generate competing instructions or mandates in practice...

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