October 27, 2020

The U.S. District Court Western District of Washington confirmed the ICC Arbitral Award. Antrix had challenged the court’s jurisdiction based on the Foreign Sovereign Immunities Act (FSIA), but the federal court rejected that argument because Antrix was an “agency or instrumentality” of India, a foreign state that is a signatory to the New York Convention. In confirming the Award, the U.S. District Court Western District of Washington found the “ICC panel’s Award to be exceedingly thorough and well-reasoned” and rejected Antrix’s “assertions that the ICC panel appointments violated the Agreement’s arbitral procedures, that enforcement of the Award would be contrary to domestic public policy, and that the ICC panel exceeded its powers by failing to apply well-established Indian law.”