Last week the High Court published judgment in 𝘊𝘊𝘋𝘔 𝘏𝘰𝘭𝘥𝘪𝘯𝘨𝘴 𝘓𝘓𝘊 𝘷 𝘙𝘦𝘱𝘶𝘣𝘭𝘪𝘤 𝘰𝘧 𝘐𝘯𝘥𝘪𝘢 [2026] HCA 9. The decision marks one of the first times a apex appellate court has considered the application of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards when Foreign State Immunity is invoked.

The case concerned the lease of a segment of India’s electromagnetic spectrum on two satellites to subsidiaries of CCDM. In 2011, the government of India annulled the leases, culminating in arbitral proceedings decided in favour of CCDM at the Permanent Court of Arbitration in the Hague.

CCDM commenced enforcement proceedings of the Award in the Federal Court of Australia. India sought to rely on the immunity granted by the Foreign States Immunities Acts.

The Court unanimously held that India’s ratification the New York Convention did not amount to a waiver of Foreign State Immunity from jurisdiction for recognition and enforcement of a foreign arbitral award in the courts of other State parties who were also parties to the Convention.

Justin Gleeson SC and Fiona Roughley SC appeared for the Republic of India.

Judgment