Case Explained: DEVAS MULTIMEDIA PRIVATE LTD. 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 corporation wholly owned by 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 for actions to confirm awards governed by the New York Convention, rejecting Antrix’s argument that a commercial nexus to the United States is required because the statute’s text does not impose such a limitation. Regarding personal jurisdiction, the court held that even assuming Antrix is a “person” entitled to Fifth Amendment Due Process protections, the exercise of jurisdiction was reasonable under the standard set forth in *Fuld v. Palestine Liberation Organization*, weighing the United States’ interest in enforcing treaty obligations, the manageable burden on the sophisticated foreign state defendant, and the plaintiff’s lack of an alternative forum capable of attaching Antrix’s U.S. assets. 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 enforcement absent specific enumerated defenses and no adequate alternative forum exists, as only U.S. courts can attach a foreign sovereign’s commercial property located within the United States. In a concurrently filed memorandum disposition, the court remanded for the district court to address in the first instance the effect of subsequent Indian court proceedings that set aside the arbitral award. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.