The Lawyer’s Top 10 appeals of 2026 was published today. Five Essex Court Chambers members feature in two cases. The cases that members are involved in are as follows:
CC/Devas (Mauritius) Limited v The Republic of India, Court of Appeal, 24 March, one week
At the heart of this appeal is investment treaty enforcement against sovereign states. The case will assess the interaction between sovereign immunity under the UK State Immunity Act 1978 (SIA) and the enforcement of international arbitration awards under the New York Convention 1958. It dates back to a satellite bandwidth contract between Devas Multimedia Private and Antrix Corporation entered into in 2006. Antrix was wholly owned by the Indian government.
The intention behind the contract was to create a communications platform that would provide multimedia services across India. In 2011, India terminated the project and sought to annul the contract. However, Devas then brought arbitration proceedings against India, which resulted in a $562m award to Devas. After the arbitral awards were issued, the investors sought enforcement of two arbitration awards they had obtained against India under the Mauritius-India Bilateral Investment Treaty in various jurisdictions including the UK.
The High Court determined last year that India’s ratification of the New York Convention 1958 does not constitute a waiver of sovereign immunity. As a result, it ruled that India was well within its right to rely on state immunity to resist enforcement of the arbitration awards under the investment treaty with Devas investors. Devas investors are appealing this decision. If the appeal is upheld by the Court of Appeal, investors will be faced with a high threshold where they seek to enforce awards against states in the UK.
For the appellants, CC/Devas and others, Essex Court Chambers’ Ricky Diwan KC, Tariq Baloch KC and 3VB’s Miriam Schmelzer, instructed by Gibson Dunn partner Piers Plumptre, senior associate Alexa Romanelli, and associates Katie Mills and Siham Freihat.
Privinvest Shipbuilding and others v The Republic of Mozambique, Court of Appeal, 16 June, three days
The ‘Tuna Bonds’ scandal has become one of the most famous disputes in the English courts in recent years. Fought between Mozambique and defendants including Credit Suisse, VTB and Privinvest over the past seven years, the litigation concerned allegations of “bribery on an industrial scale.” The case, which featured over 40 barristers and 10 firms, flowed from the agreements allegedly obtained by fraud to supply fishing and maritime equipment, and shipyard facilities to Mozambique. The fraud is understood to have cost the country around $11bn and pushed nearly two million people into poverty.
Most parties settled shortly before or after trial, including Credit Suisse and VTB. However, shipbuilder Privinvest, defended by Signature Litigation, did not, with Mr Justice Robin Knowles largely ruling against it in July 2024. Now Privinvest has appealed, calling in Brick Court’s Mark Howard KC, for the Court of Appeal hearing. Signature Litigation argues that Mozambique so failed in its disclosure duties that a fair trial was impossible. It adds that its claims should have been time barred and that the judge made mistakes regarding Mozambican law.
The question of disclosure will be particularly interesting, given there has already been significant satellite litigation on the issue. A related appeal is also taking place this year. Between the end of the trial and the judgment, the owner of Privinvest and a co-defendant, Iskandar Safa, died. His heirs, Safa’s wife and two children were joined to the litigation in June last year as the original judgment may not otherwise have been recognised in Lebanon, where his assets are located. His family are now appealing that decision. Is there another twist in the tale for this blockbuster litigation?
For the respondent, the Republic of Mozambique, Essex Court Chambers’ Joe Smouha KC, Ciaran Keller KC and Akash Sonecha, and 3VB’s Ryan Ferro, instructed by Peters & Peters partners Sarah Gabriel, Keith Oliver, Jason Woodland and Emma Ruane, and senior associates Philip Gardner, Clare Elliott and David Fitzpatrick.
A full list of the featured cases can be viewed here (via The Lawyer website – subscription needed).
