Court dismisses India’s request for additional proceedings focused on its merits defenses under the New York Convention – opining that “[e]nough is enough!”

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Court cannot review tribunal’s jurisdictional findings under New York Convention

Allegations concerning scope of BIT’s arbitration offer pertain to dispute’s arbitrability and cannot be reviewed anew under FSIA’s arbitration exception

Forum non conveniens doctrine is not available in proceedings seeking enforcement of foreign arbitral awards, thus BIT’s choice-of-law provision is irrelevant

FSIA is sole basis for establishing jurisdiction in cases involving foreign sovereigns; forum non conveniens is threshold question

Background: Stay of US proceedings for enforcement of telecoms award is lifted after Swiss courts reject set-aside and revision requests

No need to submit question of extra-EU arbitration to CJEU for preliminary ruling

CETA Decision and distinction between commercial and investment arbitration support the court’s decision

Doctrinal writings casting doubt over validity of extra-EU arbitration are unconvincing

Komstroy Decision’s musing on validity of extra-EU ECT arbitration can be transposed to extra-EU BITs

Appeal raises issue of fundamental significance and is thus admissible; action is governed by New York Convention

Background: India appeals enforcement of treaty award stemming from Devas saga

Minority judge questions wisdom of adopting new principle that would draw a distinction between set-aside and enforcement courts

Duty of “full and frank disclosure” was met by providing courts with set-aside judgment that indicated potential defences against enforcement

India is precluded under transnational issue estoppel from raising anew its objections to the tribunal’s jurisdiction

Primacy principle could have been invoked to give preclusive effect to decisions by the court at the seat

Transnational issue estoppel is applicable in Singapore court proceedings in relation to arbitral matters

Transnational issue estoppel is a threshold question in enforcement proceedings

No ground to make enforcement proceedings confidential when confidentiality of underlying arbitration has already been lost

Background: India fails to set aside or revise interim and final awards in favour of Deutsche Telekom

SIC rejects India’s request to introduce stay decision by US court, and DT’s request to strike out part of India’s evidence

SIC declines to stay enforcement proceedings pending the outcome of the Swiss revision proceedings

India waived its right to advance illegality arguments that were not raised in the arbitration

SIC finds that judgment by the Swiss Federal Tribunal has negative res judicata effect and precludes India from raising any challenge to the arbitration tribunal’s jurisdiction on the grounds rejected in that judgment

Devas liquidation judgments were issued without DT’s participation and based on summary evidence, therefore these judgments cannot have any legal effect with respect to the SIC proceedings

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