Jurisdiction(s):
United Kingdom

US Supreme Court: FSIA personal jurisdiction automatic where an immunity exception and proper service exist; no ‘minimum contacts’; Devas v Antrix remanded to consider due process.

Published on: 25 June 2025

Published by a LexisNexis Arbitration expert

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Article summary

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...

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