Enforcement of awards: sovereign immunity and the New York Convention

In CC/Devas (Mauritius) Ltd and Others v Republic of India [2026] EWCA Civ 797; [2026] 2 Lloyd's Rep 167, the Court of Appeal has affirmed the first instance judgment of Sir William Blair [2025] 1 Lloyd's Rep 499, holding that a state's accession to the New York Convention 1958 - which provides for the recognition and enforcement of arbitral awards made in any other Convention state - does not amount to an agreement in writing to waive sovereign immunity under the State Immunity Act 1978. Separate judgments were given by Phillips LJ, with whom Lewison and Newey LJJ agreed.

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