Summary

OVERVIEW

[1] Pending the homologation of two foreign arbitral awards rendered against the Republic of India in favour of Plaintiffs, this case involves two seizures before judgment by garnishment effected in the hands of IATA, that were authorized ex parte at the behest of Plaintiffs who are seeking to execute their arbitral awards in excess of USD 111M due by the Republic of India but against the assets of two of its state-owned agencies, namely the Airport Authority of India and Air India, Ltd.

[2] Despite the fact that they are distinct legal entities who were not parties nor involved in the arbitration process nor were they condemned to pay any amount of money to Plaintiffs, the latter obtained two authorizations to seize before judgment by garnishment the assets of the Airport Authority of India and of Air India, Ltd. in the hands of IATA on the basis that they are the alter egos of the Republic of India and as such, their assets are subject to seizure just as if they belonged to the Republic of India.

[3] Moreover, since the Republic of India cannot allegedly invoke State Immunity pursuant to the State Immunity Act1 (the "SIA"), Plaintiffs argue that Airport Authority of India and Air India either waived de facto said State Immunity or that their situation falls within one of the statutory exceptions.

[4] Claiming that it enjoys a strong presumption of State Immunity, Airport Authority of India has invoked State Immunity of jurisdiction and of attachment arguing that the seizure against its assets in Québec could not be authorized ex parte without the Court determining beforehand on its merits whether it is subject to the jurisdiction of the courts in Québec with respect to Plaintiffs' seizure before judgment of its assets.

[5] Finally, the Court shall determine whether the allegations in the various sworn declarations filed by Plaintiffs in support of their two Applications for seizure before judgment by garnishment meet the requirements to authorize such seizures on the basis of their sufficiency only.

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On TDM:

• Devas Multimedia Private Limited (India) v Antrix Corporation Limited (India) - ICC Arbitration Case No 18051-CYK - Award - 14 September 2015
• CC/Devas (Mauritius) Ltd., Devas Employees Mauritius Private Limited, and Telcom Devas Mauritius Limited v. Republic of India - PCA Case No 2013-09 - Award on Quantum - 13 October 2020
• CC/Devas (Mauritius) Ltd., Devas Employees Mauritius Private Limited, and Telcom Devas Mauritius Limited v. Republic of India - PCA Case No 2013-09 - Award on Jurisdiction and Merits - 25 July 2016