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Case Notes on CC/Devas et al. v Republic of India (PCA)

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Case Notes on CC/Devas et al. v Republic of India (PCA)

"Partial" application of the essential security exception clause under the Mauritius-India bilateral investment treaty to the termination of S-band satellite procurement contract for multiple policy objectives

Shimpei Ishido's article, "'Partial' Application of an Essential Security Exception to a Measure Involving Multiple Policy Objectives" appears in the JCA Journal (June 2019).

This article consists of arbitration case notes on CC/Devas et al. v. Republic of India, in which the arbitral tribunal decided that the Indian state-owned company’s termination of its contract with Devas for procurement of S-band satellites constituted a breach of the Mauritius-India bilateral investment treaty (the “BIT”); however, the majority determined that the tribunal had jurisdiction over only 40% of the claims, holding that 60% of the S-band that would become available to the public due to the termination of the contract was directed to military or para-military use, which triggered the application of the essential security exception clause of the BIT.

 

Authors

Shimpei Ishido has been active in the field of international trade matters and international investment disputes for many years. He advises and represents governments and major corporations with regard to investment arbitration under ICSID, ICC, and UNCITRAL arbitration rules. He currently serves as a member of the Japanese delegation to UNCITRAL Working Group III (Investor–State Dispute Settlement Reform). He also advises the government and corporations regarding anti-dumping and countervailing measures and WTO dispute settlements proceedings concerning such trade remedy measures.

In addition, he usually provides his clients with general advice on a variety of international law issues, including investment protection, economic sanctions, government procurement, trade in services, e-commerce, sovereign and diplomatic immunities, law of the sea, and space law. His client engagement in these fields of international law includes:
i) capacity-building training on international investment law and trade in services to government officials of various states in the Asia-Pacific Region and Central Asia;
ii) advice on government procurement procedures covered by GPA and FTA/EPAs;
iii) advice on sovereign or diplomatic immunities issues concerning contracts between a foreign government/international organisation and a private entity;
iv) advice on international law issues arising from private entities' exploration of space resources on the Moon and other celestial bodies.

Before joining Nishimura & Asahi, he led, as legal counsel to the Ministry of Foreign Affairs of Japan, the negotiation of Japan’s international investment agreements, including the investment and trade in services chapters of the Trans-Pacific Partnership, the Japan–EU EPA, the ASEAN–Japan Comprehensive Economic Partnership, the Japan–Australia EPA, the Japan-Mongolia EPA, and the Japan–Mozambique BIT.

He received an LLM in international law from University College London.