US court remands enforcement action against foreign sovereign to consider defences under New York Convention (US Court of Appeals for DC Circuit)

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In Deutsche Telekom, A.G. v. Republic of India, 2025 WL 2810722 (D.C. Cir. Oct. 3, 2025), the US Court of Appeals vacated and remanded a decision of the District Court that granted recognition and enforcement of a nearly $100 million award arising from a Geneva-seated UNCITRAL arbitration. The lower court was directed to consider India’s arguments as to the scope of the arbitration agreement in the bilateral investment treaty, and also whether the Swiss Supreme Court’s denial of an application to aside the award precluded re-litigation of those issues.

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