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ARTICLE · 13 OCTOBER 2022

Airlines, Alter Egos And Arbitral Awards

McCarthy Tétrault
McCarthy Tétrault
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McCarthy Tétrault

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On September 20, 2022, the Québec Court of Appeal in the case of Air India Ltd. c. CC/Devas (Mauritius) Ltd., 2022 QCCA 1264 largely overturned the Superior Court of Québec's decision enabling shareholders of Devas Multimedia Services.

CanadaLitigation, Mediation & Arbitration
The International Arbitration Blog
The International Arbitration Blog
Melina Zaccaria
Melina Zaccaria
Sandra Aigbinode
Sandra Aigbinode
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On September 20, 2022, the Québec Court of Appeal in the case of Air India Ltd. c. CC/Devas (Mauritius) Ltd., 2022 QCCA 1264 largely overturned the Superior Court of Québec's decision enabling shareholders of Devas Multimedia Services (collectively, "Devas" or "the Respondents") to seize assets in the hands of the International Air Transport Association ("IATA") that were owed on behalf of the Republic of India. Our analysis of the lower court's decision can be found: here.

Background

Canada is a signatory to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the "New York Convention"), as well as the UNCITRAL Model Law. Although Québec has not expressly adopted the UNCITRAL Model Law, the provisions are tracked in the Civil Code of Québec (the "CCQ") and the Code of Civil Procedure. As such, domestic and foreign entities are able to seek recognition and enforcement of foreign arbitral awards in Quebec. In this case, the Respondents

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