Case Analysis Revisiting Balco Judgment And Application Of Doctrine Of Comity Of Courts

CASE TITLE

ANTRIX CORPORATION LTD. ('Antrix') Vs. DEVAS MULTIMEDIA PVT. LTD. ('Devas')¹

FACTS

An agreement was entered into between Antrix (a Union Government of India undertaking having its registered office at Bangalore) and Devas (an incorporated company having registered office at Bangalore) at Bangalore on January 28, 2005, for the Lease of Space Segment Capacity on ISRO/Antrix S-Band Spacecraft.

On February 17, 2011, the Union Cabinet Committee on Security ("CCS") resolved to decline orbital slot in S-band to Antrix for any commercial activity and to direct annulment of the agreement. Antrix consequently terminated the agreement on February 25, 2011. Subsequently, Devas approached the International Chamber of Commerce, Paris (hereafter "ICC"), by invoking arbitration clause under the agreement and requested for arbitration. ICC responded to Antrix on July 05, 2011, stating that a portion of the arbitration clause in the agreement substantially departed