Jurisdiction(s):
United Kingdom

US D.C. Circuit clarifies FSIA immunity and arbitrability in ISDS enforcement: forum non conveniens rejected; merits vs jurisdiction under New York Convention; Deutsche Telekom v India remanded

Published on: 28 October 2025

Published by a LexisNexis Arbitration expert

Legal News

Article summary

Deutsche Telekom, A.G., Appellee v Republic of India, Appellant No 24-7081 What are the practical implications of this case?

This ruling tackles complex questions in international arbitration, namely jurisdiction, arbitrability, and how far sovereign immunity extends under the FSIA. As the D.C. Circuit observed, these matters are also before the US Supreme Court via a petition for certiorari in Kingdom of Spain v Blasket Renewables Investments LLC, No. 24-1130 (US, 1 May 2025), with an amicus curiae submission backing it from the European Commission and multiple European states. On sovereign immunity, the FSIA carves out an exception for recognition and enforcement of international arbitral awards under section 1605(a)(6). While states often plead immunity in US actions to confirm arbitral awards, courts increasingly reject those arguments by relying on this FSIA exception. Even so, US courts have treated immunity-based contentions both as merits defences and as jurisdictional challenges. Existing authority indicates that whether an arbitration agreement exists is a question courts may examine as a jurisdictional matter, but the breadth of such agreements falls outside judicial review...

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