Supreme Court permits appeal over treaty-based waiver of state immunity

The UK Supreme Court granted CCDM Holdings and two other companies permission to appeal on 2 November. The decision opens an appeal; it does not determine whether India waived state immunity.

The official summary describes proceedings to enforce investment-treaty awards against India. The companies argue that Article III of the New York Convention amounts to prior written submission to UK jurisdiction under section 2 of the State Immunity Act 1978.

According to the summary, both lower courts rejected that argument, treating state immunity as a procedural rule preserved by Article III. The Supreme Court has now agreed to consider the issue.

Official case-page report only; lower judgments and awards were not reviewed. Permission was granted on 2 November; Lanza discovered the listing on 4 November. No merits ruling is reported.