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ORAL ARGUMENT: CC/DEVAS LTD. V. ANTRIX CORP. LTD

Supreme Court Examines Jurisdiction in International Arbitration Dispute: CC/Devas Ltd. v. Antrix Corp. Ltd.

Washington, D.C. — March 3, 2025 — The U.S. Supreme Court heard oral arguments today in CC/Devas Ltd. v. Antrix Corp. Ltd. (Docket No. 23-1201), a case that delves into the complexities of personal jurisdiction over foreign entities under the Foreign Sovereign Immunities Act (FSIA).

Background

In 2005, Devas Multimedia Pvt. Ltd., an Indian company, entered into a satellite services agreement with Antrix Corp. Ltd., the commercial arm of the Indian Space Research Organisation (ISRO). The agreement included an arbitration clause to resolve disputes. In 2011, Antrix terminated the contract, leading to arbitration proceedings that culminated in a 2015 award of $562.5 million in favor of Devas. Subsequently, Devas sought enforcement of this arbitral award in various jurisdictions, including the United States.

Legal Issue

The central question before the Supreme Court is whether U.S. federal courts can assert personal jurisdiction over foreign state-owned entities, like Antrix, without the defendants having "minimum contacts" with the United States, as traditionally required under the Due Process Clause. Specifically, the Court will interpret provisions of the FSIA concerning jurisdictional thresholds for foreign sovereigns.

Oral Arguments

During the proceedings, counsel for Devas argued that the FSIA provides federal courts with jurisdiction over foreign states and their entities when properly served, irrespective of traditional "minimum contacts" analysis. Conversely, Antrix's representation contended that applying such a standard without considering due process protections could lead to overreach, subjecting foreign entities to U.S. jurisdiction without sufficient ties.

The Acting Solicitor General participated as amicus curiae, supporting Devas' position, emphasizing the need for a consistent framework in international arbitration enforcement.

Implications

The Court's decision will have significant ramifications for international arbitration enforcement and the extent of U.S. jurisdiction over foreign state-owned enterprises. A ruling favoring Devas could streamline the enforcement of international arbitral awards in the U.S., while a decision supporting Antrix might reinforce jurisdictional limitations, requiring more substantial connections to the United States.

The Court is expected to issue its opinion by the end of the current term.

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