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12 Aug 2026

Baker Botts Secures Ninth Circuit Victory for Devas in Enforcement of $2 Billion Arbitral Award

"Baker Botts LLP represented Devas Multimedia Private Ltd. in a Ninth Circuit win affirming confirmation of a 2015 ICC arbitral award against Antrix Corp. Ltd., now worth more than $2 billion with interest. The court held forum non conveniens inapplicable to New York Convention confirmations, that the FSIA arbitration exception supplies subject-matter jurisdiction without a U.S. commerce nexus, and that personal jurisdiction was constitutional."

Baker Botts LLP represented Devas Multimedia Private Ltd. in proceedings to enforce an International Chamber of Commerce arbitral award against Antrix Corp. Ltd., a corporation wholly owned by India. In Devas Multimedia Private Ltd. v. Antrix Corp. Ltd., the U.S. Court of Appeals for the Ninth Circuit affirmed the district court’s confirmation of the 2015 ICC award, resolving remaining questions after the U.S. Supreme Court’s 2025 decision in favor of Devas. The tribunal originally awarded Devas $562.5 million for Antrix’s wrongful termination of a 2005 agreement to lease S‑band satellite spectrum; with accrued interest the award is now worth more than $2 billion. The Ninth Circuit addressed three principal legal issues. For the first time in the circuit, the panel held that forum non conveniens does not apply to actions to confirm foreign arbitral awards under the New York Convention. The court also held that the Foreign Sovereign Immunities Act’s arbitration exception provides subject‑matter jurisdiction for such actions without requiring a connection to U.S. commerce. Finally, the panel concluded that exercising personal jurisdiction over Antrix was consistent with the Fifth Amendment. Baker Botts described the decision as an important precedent that promotes U.S. enforcement of awards arising from international arbitration agreements. Baker Botts LLP represented Devas Multimedia Private Ltd. with a team composed by: Aaron Streett (Partner, Houston); Vern Cassin (Partner, Washington, D.C.); Christopher Tutunjian (Senior Associate, Houston).
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