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Enforceability Denied! When the SICC’s Authority Stopped at India’s Gate
Written by Tarasha Gupta, BALLB (Hons), Jindal Global Law School, and Saloni Khanderia, Professor, Jindal Global Law School (India)
The Singapore International Commercial Court (“SICC”) has become a preferred hub for hearing litigation and arbitration of international commercial disputes. Accordingly, many decisions from the SICC require recognition and enforcement in India.
In this light, a recent judgment from the Delhi High Court (“HC”) is a significant development providing relief to those wishing to enforce the SICC’s judgments in India. In Discovery Drilling Pte Ltd v. Parmod Kumar & Anr,[1] the HC has held that the SICC is a superior court under Section 44A of the Code of Civil Procedure, 1908 (“CPC”). As a result, its judgments can be directly executed in India. That said, the HC ultimately held the judgment in question to be unenforceable, as it failed to meet the tests in Section 13 of the CPC.
This article breaks down the arguments and legal context behind the HC’s judgment. It also highlights how the case demonstrates flaws in India’s regime, which create difficulties not just for creditors trying to enforce foreign judgments in India, but also in enforcing India’s judgments abroad. Read more
Sovereign Immunity and the Enforcement of Investor–State Arbitration Awards: Lessons from Devas V. India in Australia, The United Kingdom and India
Written by Samhith Malladi, Dual-qualified lawyer (India and England & Wales), and Senior Associate, Shardul Amarchand Mangaldas [Bombay office]; and Niyati Gandhi, Partner, Dispute Resolution, Shardul Amarchand Mangaldas [Bombay office]
The Recalibration of Enforcement Doctrine
The global campaign to enforce arbitral awards against the Republic of India arising from its long-running dispute with Devas Multimedia has witnessed a significant doctrinal shift in the treatment of sovereign immunity within the enforcement of investor–state dispute settlement (ISDS) awards.
To recall, the dispute arises from a contract entered in 2005 between Devas Multimedia Private Limited (Devas) and the Indian state-owned Antrix Corporation (Antrix), which was the commercial arm of the Indian Space Research Organisation. Antrix had agreed to lease S-band spectrum to Devas to broadcast its multimedia services in India. Antrix terminated this contract in 2011 citing national security concerns. In a nutshell, the dispute spawned three concluded arbitrations – a commercial ICC arbitration between Devas and Antrix and two investor-state arbitrations between Devas’ shareholders and India under the India-Mauritius Bilateral Investment Treaty (BIT) 1998 and the India-Germany BIT 1995. In 2022, Devas’ Mauritian shareholders commenced another investor-state arbitration against India under the India-Mauritius BIT in relation to India’s efforts to thwart the award against Antrix in the ICC arbitration, which currently remains pending before the Permanent Court of Arbitration. An overview of the various proceedings arising from this dispute has been previously discussed on this blog here. Read more
Conflict of Law Rules in the Early 20th Century Ethiopia: A Brief Legal History
Guest post by Bebizuh Mulugeta Menkir, former Lecturer of Laws in University of Gondar, currently working as a Lawyer and Senior National Consultant for a legal reform project. E-mail: babimulugeta@gmail.com
The Ethiopian legal system is characterized by the absence of codified rules on conflict of laws. Though it cannot be considered as the exact period in which conflict of laws have emerged in Ethiopia, some elements of such rules can be found even in the early 1900s, which is long before the modern codes were developed in 1950s and 1960s.
A book written by Mersehazen Woledekirkos titled “Ye Hayagenawe Keflezemen Mebacha:Ye Zemen Tarik Tezetaye Kayehute ena Kesemahute 1896–1922”[1] is a record of historical events that happened in 20th century Ethiopia. One of the records is the “Trade Agreement (1908)” that was signed between Ethiopia and France. This agreement, among others, regulates the adjudication of disputes between Ethiopian and French nationals/dependents. This short piece aims to briefly discuss the salient conflict of laws rules that are incorporated in this trade agreement. Read more
News
HCCH Monthly Update: November 2025
HCCH Monthly Update: November 2025
Conventions & Instruments
On 5 November 2025, Algeria deposited its instrument of accession to the 1961 Apostille Convention. With the ratification of Argentina, the Convention now has 58 Contracting Parties. With the accession of Algeria, the 1961 Apostille Convention now has 128 Contracting Parties. It will enter into force for Algeria on 9 July 2026. More information is available here.
On 27 November 2025, Monaco deposited its instrument of accession to the 2005 Choice of Court Convention. With the accession of Monaco, 38 States and the European Union are bound by the 2005 Choice of Court Convention. The Convention will enter into force for Monaco on 1 March 2026. More information is available here.
Call for Papers- International Conference on Legal Aspects of Migration Management
Bilkent University Faculty of Law and Jean Monnet Chair in Legal Aspects of Migration Management in the EU and in Türkiye cordially invite you to submit abstracts for the International Conference on Legal Aspects of Migration Management to be held at Bilkent University on 6-7 March 2026.
The Conference aims to give the opportunity to researchers who would like to present their theoretical or empirical research on the development of policy, legislative and administrative responses to key migration issues.
We particularly encourage submissions on the questions of evolution of the international legal regime relating to migration; the right of asylum and asylum procedures; border management; sustainability and migration; circular migration; protection of unaccompanied minors and other vulnerable groups; effects of digitalisation on migration; externalization of migration policies, recognition of personal status; migrants’ access to fundamental rights and durable solutions. Proposals involving comparative perspectives of international, European and national approaches are most welcome.
Abstracts (max. 500 words) (in English or in Turkish) should be sent to migration@bilkent.edu.tr by 5 January 2026.
Detailed information shall be provided upon request: migration@bilkent.edu.tr
Chronology of Practice: Chinese Practice in Private International Law in 2024 Published
Written by Dr. Zihao Fan (Peking University Law School)
On 14 November 2025, the annual survey Chronology of Practice: Chinese Practice in Private International Law in 2024 (“the 2024 Survey”) was published in the Chinese Journal of International Law (Oxford University Press, Vol. 24(4)). This survey continues the long-running series of yearly reports, now in its twelfth year since 2013, and it remains an indispensable resource documenting China’s development in private international law for an international audience. The Survey is available at:
https://academic.oup.com/chinesejil/article/24/4/jmaf031/8321298?login=true
- Content and Focus of the 2024 Survey
The 2024 Survey covers six areas: an overview, civil subjects, jurisdiction, choice of law, international judicial assistance, and international arbitration and judicial review. Its characteristics are as follows:
First, the Survey follows the structure of previous years, summarising original materials without providing commentary.
Second, it further streamlines case facts and extracts core viewpoints. It covers two revised laws, one treaty approved by the Chinese government, three new and three revised administrative regulations, three judicial interpretations, seven batches of Supreme People’s Court (SPC) case reports, forty-three directly relevant typical cases, one SPC Work Report, and other official information and media sources.
Third, it focuses on several key issues:
- Ascertainment of extraterritorial law. In recent years, China has not only established multiple ascertainment centres, but the SPC has also issued specialised judicial interpretations and typical cases. Local courts have introduced rules relating to the ascertainment of foreign law, and many local courts and foreign-law ascertainment centres have published dedicated reports. These achievements have placed China’s judicial practice in foreign-law ascertainment genuinely “at the forefront” internationally.
- Jurisdiction in anti-monopoly cases and the application of the appropriate-connection principle became focal points of Chinese private international law practice during the year.
- Choice of law in contracts. SPC Reply Regarding the Validity of an Agreement Entered into by a Hong Kong or Macao-Funded Enterprise Registered in the Mainland Part of the Guangdong-Hong Kong-Macao Greater Bay Area to Choose the Law of Hong Kong or Macao as the Applicable Law for Contracts or to Designate Hong Kong or Macao as the Place of Arbitration represents a significant breakthrough: two Mainland parties may choose Hong Kong or Macau law and may designate Hong Kong or Macau as the place of arbitration.
- Judicial review of arbitration. The SPC selected fifteen typical cases concerning judicial review of arbitration, including cases supporting the further development of Hong Kong arbitration, which is of positive significance.
Fourth, the 2024 Survey also covers other matters, including representative offices of foreign enterprises and foreign law firms in China. Notably, provisions allowing for the extraterritorial application of Chinese law are becoming increasingly common, and the securities-law field witnessed the first case in which a court exercised jurisdiction based on such a provision.
- Abstract of the 2024 Survey
The Survey provides the following abstract:
The 2024 survey of the Chinese practices in private international law highlights five aspects: First, in terms of legislative developments, two revised laws, three new and three revised administrative regulations, three judicial interpretations, were adopted. The Supreme People’s Court (“SPC”) also issued seven groups of 43 typical cases. Additionally, China ratified the Agreement on Judicial Assistance and Cooperation in Civil or Commercial Matters with Saudi Arabia. Second, Chinese courts concluded substantial numbers of international cases: 26,000 foreign-related civil and commercial cases, 34,000 maritime cases and 18,000 commercial arbitration judicial review cases. Third, regarding jurisdiction, Chinese courts for the first time applied the appropriate connection approach under Article 276(2) of the Civil Procedure Law. In civil monopoly cases, both the SPC’s new judicial interpretation and selected cases confirmed that jurisdiction follows tort and contract rules. Fourth, regarding choice of law, foreign law ascertainment remains prominent, with Chinese courts demonstrating increased efforts to research and apply foreign laws through numerous reports, cases and rules. Finally, regarding arbitration, the SPC released six typical cases supporting the arbitration in Hong Kong and a Report on Judicial Review of Commercial Arbitration. In the Report, the SPC identified three cases involving public policy to illustrate the application scope while maintaining strict application standards.
III. Core Rationale of the Survey Series
Since 2013, the English-language annual Survey of Chinese private international law practice has centred on developments in Chinese private international law, reviewing both institutional developments and judicial practice. It covers conflict of laws, uniform substantive law, international civil procedure, international commercial arbitration, and international commercial mediation. This structure is common to all editions, though specific emphases vary each year.
Between 2013 and 2024, the series has addressed twelve SPC Work Reports, twenty-nine laws, thirteen administrative regulations, seventy-six judicial-interpretation-type documents, and 307 cases.
It is noteworthy that Chinese courts adjudicate more than 45,000 foreign-related civil, commercial and maritime cases each year. Most cases included in the Survey are selected by the team after extensive review of large numbers of judgments available on China Judgments Online and Peking University’s legal database, with the intention of identifying representative examples.
By providing original materials—including legislative and regulatory developments and case law—the series traces the evolution of China’s foreign-related civil and commercial legal system and judicial practice. The author aims to “tell the story of China’s foreign-related rule of law in an international language”, using a documentary style that enables domestic and international readers to appreciate China’s progress in this field.