Case Explained: DEVAS MULTIMEDIA PRIVATE LTD., ET AL V. ANTRIX CORP. LTD.

Court: United States Court of Appeals for the Ninth Circuit Filed: 2026-08-12 Docket: 2:18-cv-01360- The Ninth Circuit affirmed the district court’s judgment confirming an international arbitral award against Antrix Corp. Ltd., a wholly-owned instrumentality of India, while reversing and vacating in part regarding the standing of shareholder intervenors to register the judgment. The panel held that the Foreign Sovereign Immunities Act’s (FSIA) arbitration exception supplies subject matter jurisdiction because the underlying agreement concerns a subject matter capable of settlement by arbitration under U.S. law, as mandated by the New York Convention, and does not require a separate commercial nexus with the United States. Regarding personal jurisdiction, the court held that even assuming Antrix is a “person” entitled to Fifth Amendment Due Process protections, exercising jurisdiction over Antrix was reasonable because the United States has a strong interest in enforcing treaty obligations, the burden on the sophisticated foreign state is manageable, and the plaintiff has no alternative forum capable of attaching Antrix’s commercial assets located in the United States. The court further held that the doctrine of forum non conveniens does not apply to actions confirming awards under the New York Convention because the treaty mandates recognition and enforcement absent specific enumerated defenses, and a foreign court cannot serve as an adequate alternative forum for attaching U.S.-based assets. In a concurrently filed memorandum disposition, the panel affirmed the confirmation of the award and registration of the judgment against Devas Multimedia America, Inc., but reversed regarding the shareholder intervenors’ standing to register the judgment and remanded for the district court to address the effect of subsequent Indian court proceedings that set aside the award. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.