Ca_Law

case_law | United States Federal

CC/Devas (Mauritius) Ltd. v. Antrix Corp.

Summary

To exercise personal jurisdiction over a foreign state, the Foreign Sovereign Immunities Act does not require proof of “minimum contacts” over and above the contacts already required by the Act’s enumerated exceptions to foreign sovereign immunity.

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Retrieval chunks

  • #1

    PRELIMINARY PRINT Volume 605 U. S. Part 1 Pages 223–237 OFFICIAL REPORTS OF THE SUPREME COURT June 5, 2025 REBECCA A. WOMELDORF reporter of decisions Page Proof Pending Publication NOTICE: This preliminary print is subject to formal revision before the bound volume is published. Users are requested to notif…

  • #2

    ception applies and service is proper. The FSIA does not require proof of “minimum contacts” over and above the contacts already required by the Act's enumerated exceptions to foreign sovereign immunity. Pp. 232–237. *Together with No. 24–17, Devas Multimedia Private Ltd. v. Antrix Corp. Ltd. et al., also on cert…

  • #3

    (b) The Ninth Circuit's two contrary arguments cannot override the plain meaning of the FSIA's personal-jurisdiction provision. First, the fact that one of the immunity exceptions contains language resembling the minimum-contacts test says little about whether a jurisdictional pro- vision located elsewhere categor…

  • #4

    and Kristen K. Bromberek; for Andrea K. Bjorklund et al. by James E. Berger, Samantha Chaifetz, and Charlene C. Sun; and for Mark B. Feld- man by Robert K. Kry and Mark B. Feldman, pro se. Briefs of amici curiae urging affrmance in both cases were fled for the Republic of India by Andrea J. Menaker, Nicolle Kownac…

  • #5

    satellite-based telecommunications technology. Under the agreement, Antrix would build and launch a new satellite Page Proof Pending Publication Page Proof Pending Publication Cite as: 605 U. S. 223 (2025) 227 Opinion of the Court network into geostationary orbit*—specifcally, at the 83°E orbital slot—and lease…

  • #6

    ruled unanimously for Devas on September 14, 2015. Applying Indian law, the panel concluded Antrix had wrong- fully terminated the contract and awarded Devas $562.5 mil- lion in damages plus interest. After successfully confrming the arbitration award in France and the United Kingdom, Devas sought to do the same…

  • #7

    but its new approach “proved troublesome.” Verlinden, 461 U. S., at 487. Specifcally, the State Department declared in 1952 it would no longer suggest immunity in “cases arising out of a foreign state's strictly commercial acts.” Ibid. While this shift brought the United States into parity with the emerging inter…

  • #8

    is otherwise satisfed, the arbitration exception would also apply. Whenever an FSIA immunity exception applies, jurisdic- tion usually follows. That is because the Act's jurisdictional provision, 28 U. S. C. § 1330, pegs both subject-matter and personal jurisdiction to the exceptions. Subsection (a) of that prov…

  • #9

    award. See No. 20–36024 etc. (Aug. 1, 2023), App. to Pet. for Cert. 3a–8a. The court did not question “that for pur- poses of the FSIA, Antrix is a `foreign state,' service has been made, and an enumerated exception applies.” Id., at 4a. Yet bound by Circuit precedent, the panel explained that the Act imposes an …

  • #10

    the use of the word `shall' creates an obligation impervious to judicial discretion.” Smith v. Spizzirri, 601 U. S. 472, 476 (2024) (some internal quotation marks omitted). Thus, the most natural reading of § 1330(b) is that personal jurisdiction over a foreign sovereign is “automatic” when- ever (1) “an exceptio…

  • #11

    or all FSIA exceptions satisfy International Shoe , it is only Page Proof Pending Publication 234 CC/ DEV AS (MAURITIUS) LTD. v. ANTRIX CORP. Opinion of the Court because the exceptions Congress wrote happen to meet that standard, not because § 1330(b) secretly incorporated our jurisdictional due-process cases. …

  • #12

    more reluctant to do so where, as here, reading such a re- quirement into the statute would upset the “carefully cali- brated” system Congress chose. Turkiye Halk Bankasi A.S. v. United States, 598 U. S. 264, 273 (2023). B The Ninth Circuit based its contrary interpretation on a strange statutory argument and on…

  • #13

    (1976). But then the Report explains that this “embodi- ment” of due process comes from the Act's immunity excep- tions and service-of-process rules, not a minimum-contacts requirement silently emanating from § 1330(b). “[E]ach of the immunity provisions in the bill, sections 1605–1607, re- quires some connection…

  • #14

    States v. Oakland Cannabis Buyers' Cooperative , 532 U. S. 483, 494 (2001). Of course, Antrix is welcome to litigate these contentions on remand consistent with principles of forfeiture and waiver. * * * Personal jurisdiction exists under § 1330(b) of the FSIA when an immunity exception applies and service is pr…