REPUBLIC OF INDIA V CCDM HOLDINGS LLC AND OTHERS

[2025] FCAFC 2, Federal Court of Australia, Full Court, Justice Sarah C Derrington, Justice Stewart and Justice Feutrill, 31 January 2025

Arbitration – Bilateral Investment Treaty – State immunity – Effect of accession to the New York Convention 1958 – Commercial relationship reservation

In September 1998, India and Mauritius concluded a bilateral investment treaty under which each of the contracting parties promised that they would treat investors of the other contracting party fairly and equitably and not nationalise or expropriate their investments.