By Tasman Ash Fleming -
Key decisions
- CCDM Holdings LLC v India [2026] HCA 9
- Hopper v Victoria [2026] HCA 11
PRIVATE INTERNATIONAL LAW
Arbitration – foreign state immunity
In CCDM Holdings LLC v India [2026] HCA 9 (8 April 2026), the High Court unanimously dismissed an appeal from the Full Court of the Federal Court of Australia.
The facts related to a bilateral investment treaty the Republic of India and the Republic of Mauritius entered into in 1998, which was in force between 2000 and 2017.
The treaty allowed for several arbitration options, including ad hoc arbitration conducted under modified United Nations Commission on International Trade Law Arbitration Rules (1976) (‘UNCITRAL Rules’).
