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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
US Supreme Court: Hearing in Smith & Wesson Brands, Inc. et al. v. Estados Unidos Mexicanos (Mexico). Selling guns comparable to selling beer to teenagers?
Written by Mayela Celis, Maastricht University
The hearing in the case of Smith & Wesson Brands, Inc. et al. v. Estados Unidos Mexicanos (Mexico) No. 23-1141 took place in March 2025 before the US Supreme Court. We have previously reported on this case here and here. The transcript and the audio files can be found here.
As previously indicated, this is a much-politicized case brought by Mexico against US gun manufacturers. Mexico alleges inter alia that defendants actively assist and facilitate trafficking of their guns to drug cartels in Mexico. Among the claims for relief are: Negligence, public nuisance, defective condition – unreasonably dangerous, negligence per se, gross negligence, unjust enrichment and restitution, violation of CUTPA [Connecticut Unfair Trade Practices Act], Violation of Mass. G.L. c. 93A [Massachusetts Consumer Protection Act] and punitive damages.
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Webinar: Beyond State Borders, Beyond the Situs Rule? Private International Law Issues of Resource Extraction in Antarctica, the Deep Seabed, and Outer Space
The Aberdeen Centre for Private International Law & Transnational Governance (CPILTG) will be hosting a webinar by Professor Caroline Rapatz (University of Kiel, Germany) on 20 August 2025, 11am – 12pm noon.
More information is available here.
ZEuP – Zeitschrift für Europäisches Privatrecht 3/2025
A new issue of ZEuP – Zeitschrift für Europäisches Privatrecht is now available and includes contributions on EU private law, comparative law and legal history, legal unification, private international law, and individual European private law regimes. The full table of content can be accessed here: https://rsw.beck.de/zeitschriften/zeup. 
The following contributions might be of particular interest for the readers of this blog:
- Pacta Sunt Servanda’s Soliloquy Amidst Sanctions: The Impact of EU Sanctions on Contractual Performance in Arbitration Proceedings
Helmut Ortner, Veronika Korom and Marion on the Impact of EU Sanctions on Contractual Performance in Arbitration Proceedings: EU sanctions against Russia and Russia’s countermeasures have significantly disrupted trade, supply chains, and contractual relations, sparking disputes frequently resolved through arbitration. European legal systems provide a range of mechanisms—including force majeure, impossibility, frustration, and hardship—to address sanctions-related performance impediments. Despite doctrinal divergences, these frameworks tend to converge on practical outcomes. To mitigate risks and increase legal certainty, parties are well-advised to incorporate tailored clauses in their contracts. - Eigentumsvorbehalte in grenzüberschreitenden Warenkaufverträgen mit englischen Käufern
Insa Stephanie Jarass on retention of title clauses in contracts with English buyers: In PST Energy 7 Shipping LLC v OW Bunker Malta Ltd (The Res Cogitans) [2016] UKSC 23, the Supreme Court held that the Sale of Goods Act 1979 no longer applies to certain con-tracts containing retention of title clauses which had previously always been categorised as contracts for the sale of goods. This article analyses the legal implications of this decision for contracts for the supply of goods to Eng-land. In addition to the legal uncertainties that have always surrounded the validity in rem of retention of title clauses under English law, the decision adds a new level of complex-ity at the contractual level that requires par-ticular attention when drafting international contracts. - Die europäische vis attractiva concursus – Altbekanntes, Neues und Ungeklärtes zu Reichweite, Kompetenzkonflikten und materieller Sperrwirkung
Fabian Kratzlmeier comments on the decision by the ECJ in C-394/22, addressing the law applicable in the context of insolvency proceedings.
Chair for Comparative and Private International Law, University of Vienna
The following information was kindly shared with us by Matthias Lehmann (University of Vienna).
At the University of Vienna, a Chair for Comparative Law and Private International Law will become vacant in 2026 (current holder: Professor Helmut Ofner).
The role will be to teach and research private international law and comparative law. Knowledge of the German language and the Austrian legal system is not a prerequisite; however, applicants should be willing to learn German and familiarise themselves with Austrian law. Familiarity with several legal systems is highly desirable. A specialisation in a particular area, such as international family law or international commercial law, is welcome; publications in the field of uniform law and European law are an advantage.
The successful candidate is expected to relocate to Vienna, which is consistently ranked as the most or second-most liveable city in the world (see Global Liveability Index). Initial appointments to a first professorship may be limited to six years, with the possibility of extending it to a permanent position.
More information on the position is available here. The application deadline is 17 September 2025.