March 29, 2021

Judge Zilly of the U.S. District Court Western District of Washington noted in a ruling that Antrix never argued fraud in the arbitration or confirmation proceedings, and issued his caution over the wind up proceeding and firing Devas’s counsel: “[s]uch actions, taken to undermine a litigant’s right to an appeal or its ability to defend itself in foreign courts, could, in and of themselves, amount to irreparable harm” and that “substantial evidence suggests that collusive conduct may be afoot, see supra, Section 3(B), thereby frustrating this Court’s interests in ‘prevent[ing] vexatious or oppressive litigation’ in a foreign forum and in ‘protect[ing] [its] jurisdiction.’” Finally, in a blow to the Government of India’s efforts to use these sham proceedings to railroad Devas in the U.S. courts, Judge Zilly indicates that he will not vacate any judgment based on these collusive and sham proceedings occurring in India.