Devas vs Antrix rumbles on
March 31, 2026
Earlier in March, one appeal lawsuit in the very long running dispute – since 2011 – between Devas and Antrix over a S-band satellite capacity spectrum contract that Devas had with the Indian government’s Space Department (represented by its then sales entity, Antrix) was dismissed. The relationship between Devas and Antrix had been mutually beneficial since its signing in 2005.
However, in February 2011, the Indian Government decided it needed more satellite capacity for itself and the agreement with Devas was terminated by Antrix.
The latest appeal, similar to that heard by the US Supreme Court on June 5th 2025 was made against a decision determined by an International Chambers of Commerce Arbitration Panel in September 2015 to award $562.5 million (plus interest) to Devas for the actions of Antrix and the Indian Government.
Devas had applied to the US Supreme Court to confirm the award and to decide the total amount now owed by Antrix/India. The US Court backed the Arbitrator’s findings and that of the US District Court in Washington DC, which confirmed the amount due was now $1.29 billion.
The early March 2026 dismissal (by the Dutch Supreme Court) was publicised by Aceris Law on March 28th which described the action as “one of the most closely watched India-linked arbitration disputes in recent years. The dismissal leaves in place the Hague Court of Appeal’s December 17th 2024 judgment in Devas Multimedia America vs Antrix Corporation, permitting enforcement in the Netherlands of the ICC [arbitration] award arising from the Devas-Antrix dispute, even though the award had been set aside […] in India”.
The Indian government has repeatedly acted to throw out the Devas claims and legal victories, including describing the Arbitration award as being “patently illegal and contrary to Indian public policy”.
Devas, back in 2018, had asked the Dutch High Court to enforce its claim. Initially the Dutch rejected the argument, but an Appeal (by Devas) reversed that decision. The Supreme Court of India had argued that certain core allegations of fraud were “undisputed”, even though Devas had refuted these objections in the liquidation proceedings. The Dutch Court of Appeal also found no violation of Dutch public policy, as the alleged fraud surrounding the Agreement had not been validly established, and there was no irregularity in the constitution of the tribunal or the arbitral procedure.”
Devas has consistently succeeded in establishing its claim, in front of the Arbitration Tribunal, and subsequent actions in the US, Canada and the Netherlands. Whether it will ever get its hands on the Award is another – as yet – unresolved question. The case is a significant example of international investment arbitration involving state-owned entities, highlighting the conflict between international arbitration awards and domestic court finding.
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