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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
Upcoming European Dialogue on Civil Procedural Law “Recent Developments on Brussels Ibis” Thursday, 4 December 2025 1 pm CET
The next session of the conference series European Dialogue on Civil Procedural Law will take place (online) on Thursday, 4 December 2025, from 13:00 to 17:00 (CET), under the theme “Recent Developments on Brussels Ibis”.
The event is organised by Dr. habil. Balázs Arató, PhD, Prof. Dr. Thomas Garber, Prof. Dr. Katharina Lugani and Prof. Dr. Matthias Neumayr.
The Brussels I bis Regulation, together with its parallel instrument, the Lugano Convention, forms the core of European civil procedure law. Events in this series serve to promote dialogue among Member States and with third countries, thereby strengthening and improving the integration and efficiency of European legal instruments. The interim online conference on 4 December 2025 will feature country reports from four legal systems and two presentations on current topics relating to the Brussels Ia Regulation. The event is aimed at academics and practitioners alike. We look forward to a lively exchange.
The speakers are :
- Dr. habil. Balázs Arató, PhD, Budapest, Hungary
- Dr. Caterina Benini, Università Cattolica del Sacro Cuore, Milan, Italy
- Assoc.-Prof. Dr. Eva Dobrovolná, Ph.D., LL.M., Masaryk University, Brno, Czech Republic
- Prof. Dr. Étienne Farnoux, University of Strasbourg, France, seconded to the Saint Joseph University of Beirut, Lebanon
- Prof. Dr. Thomas Garber, Johannes Kepler University Linz, Austria
- Prof. Dr. Katharina Lugani, Heinrich Heine University Düsseldorf, Germany
- Prof. Dr. Robert Magnus, University of Bayreuth, Germany
- Assoc.-Prof. Dr. Martina Melcher, M.Jur, University of Graz, Austria
- Prof. Dr. Matthias Neumayr, Johannes Kepler University Linz, Austria
- Prof. Dr. Anna Nylund, University of Bergen, Norway
The flyer for the event can be found here.
Please register here.
Participation is free of charge.
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
