Articles

Case Notes on CC/Devas et al. v Republic of India (PCA)

"Partial" application of the essential security exception clause under the Mauritius-India bilateral investment treaty to the termination of S-band satellite procurement contract for multiple policy objectives Articles
Authors
Shimpei Ishido
Publication
JCA Journal (June 2019)
Publisher
The Japan Commercial Arbitration Association, Tokyo, Japan
Date
6/2019
Practice area
Investor-State Dispute SettlementInternational ArbitrationInternational Investment Agreements & ISDSAerospace/Space

Shimpei Ishido's article, "'Partial' Application of an Essential Security Exception to a Measure Involving Multiple Policy Objectives" appears in the JCA Journal (June 2019).

This article consists of arbitration case notes on CC/Devas et al. v. Republic of India, in which the arbitral tribunal decided that the Indian state-owned company’s termination of its contract with Devas for procurement of S-band satellites constituted a breach of the Mauritius-India bilateral investment treaty (the “BIT”); however, the majority determined that the tribunal had jurisdiction over only 40% of the claims, holding that 60% of the S-band that would become available to the public due to the termination of the contract was directed to military or para-military use, which triggered the application of the essential security exception clause of the BIT.

 

Related articles