CC/Devas (Mauritius) Ltd. v Republic of India (No 2)  FCA 527 - 16 May 2023
THE COURT ORDERS THAT:
1. Without prejudice to any claim to immunity or objection to jurisdiction by the respondent and without affecting the right of the respondent to apply to set aside any orders made on this interlocutory application after the determination of the respondent’s claim to immunity:
(a) Pursuant to rules 9.09(2) and 9.11 of the Federal Court Rules 2011 (Cth) (Rules):
(i) CCDM Holdings, LLC be joined as applicant in these proceedings and substituted for CC/Devas (Mauritius) Limited;
(ii) Devas Employees Fund US, LLC be joined as applicant in these proceedings and substituted for Devas Employees Mauritius Private Limited; and
(iii) Telcom Devas, LLC be joined as applicant in these proceedings and substituted for Telecom Devas Mauritius Limited.
(b) Pursuant to rule 9.09(2) of the Rules CC/Devas (Mauritius) Limited, Devas Employees Mauritius Private Limited and Telecom Devas Mauritius Limited each be removed as an applicant in these proceedings.
(c) Costs be reserved.
ex parte application for substitution of parties - power to make an order for substitution, and not merely joinder and removal - order for substitution must serve a useful purpose - valid succession to rights or liabilities is a condition precedent to substitution - substitution order made; private international law - whether assignments of quantum award of arbitral tribunal valid - applicable choice of law rules - assignments effective under whichever law governs the assignment agreements; India-Mauritius Bilateral Investment Treaty; UNCITRAL Arbitration