FOLLOW US

America August 12, 2026 5 mins read

$1.3 Billion, Confirmed: Ninth Circuit Sets New Precedent in Antrix-Devas Satellite Dispute

America ı By Rihem Akkouche

0 Comments

9th Circuit $1.3B Devas Satellite Award

A dispute that began with a satellite deal gone wrong in the early 2000s just produced a legal precedent that could shape how billion-dollar arbitration awards get enforced going forward.

The Ninth Circuit ruled Wednesday to enforce a $1.3 billion arbitral award issued against Indian state-owned Antrix Corp. Ltd., setting new precedent along the way: for the first time, the circuit court held that the doctrine of forum non conveniens — the legal principle that a case might be better heard in a different court — simply doesn't apply when a party is trying to enforce an international arbitral award.

Why Antrix's Core Argument Failed

Antrix had argued the district court should have dismissed the case in favor of litigation in India, invoking forum non conveniens. A three-judge panel unanimously rejected that argument, ruling the doctrine doesn't apply to actions confirming foreign arbitral awards under the New York Convention — the treaty under which signatory nations, including the U.S., agree to enforce international arbitration agreements and awards.

The panel's reasoning went beyond just the treaty's language. The judges explained that the very structure of an enforcement action under the convention rules out a forum non conveniens defense on its own terms — the doctrine presupposes an adequate alternative forum, but an action to confirm a foreign award specifically seeks to reach a sovereign's commercial assets located in the United States, and only a U.S. court has the power to attach assets located here. A court in another country simply isn't equipped to provide the relief this type of action is seeking in the first place.

Two More Arguments, Two More Losses for Antrix

The forum non conveniens ruling wasn't the only setback for Antrix. The panel also rejected two additional arguments that had remained unresolved after the U.S. Supreme Court overturned an earlier Ninth Circuit decision last year that had refused to enforce the award.

First, the panel found that the arbitration exception under the Foreign Sovereign Immunities Act applies to this case, rejecting Antrix's position that the dispute needed a direct connection to U.S. commerce for that exception to apply.

Second, the panel wasn't persuaded by Antrix's argument that it lacks personal jurisdiction under the Fifth Amendment's due process clause, a claim Antrix raised in light of the Supreme Court's decision last year in Fuld v. Palestine Liberation Organization.

What Still Needs to Be Decided

Not everything was resolved in Antrix's loss column. In a separate memorandum, the panel sent one significant question back to the district court: what effect, if any, an Indian court's decision to set aside the award should have — a ruling that became final while this very appeal was still pending.

The panel also vacated a lower court order that had granted Devas Multimedia Pvt. Ltd. shareholders' motion to register the district court's judgment confirming the award in the Eastern District of Virginia, finding the shareholders lacked standing to make that request.

How the Case Got Here

This isn't the first time the Ninth Circuit has weighed in on this dispute. The case returned to the circuit court after the U.S. Supreme Court unanimously overturned an earlier Ninth Circuit decision that had refused to enforce the award. In that ruling, the justices concluded personal jurisdiction exists under the Foreign Sovereign Immunities Act whenever an exception to immunity applies and the defendant has been properly served — meaning courts aren't required to conduct the traditional "minimum contacts" jurisdictional test typically used to determine whether a nonresident defendant has sufficient ties to the United States.

Where the Dispute Started

The underlying conflict traces back to the early 2000s, when Antrix was searching for a commercial partner to deliver communications services across India through a hybrid satellite-terrestrial system. According to Devas, the arrangement fell apart after the Antrix-Devas deal came under mounting political scrutiny, eventually prompting Antrix to terminate the agreement altogether.

Devas responded by initiating arbitration before the International Chamber of Commerce in 2011, ultimately winning an award of $562.5 million in damages plus interest in 2015 — a figure that has since grown substantially with accumulated interest to reach the $1.3 billion now at the center of this enforcement fight.

Who Decided the Case

U.S. Circuit Judges Eric D. Miller and Lucy Koh, along with U.S. District Judge Donald W. Molloy sitting by designation, made up the three-judge panel.

The Devas shareholders and Devas Multimedia America are represented by Matthew D. McGill, Amy R. Upshaw, Nicholas A. Mecsas-Faxon and Arka Gupta of King & Spalding LLP. Antrix is represented by Amanda Shafer Berman, T. Michael Guiffre and Neil G. Nandi of Crowell & Moring LLP. Devas Multimedia Private Ltd. is represented separately by Aaron M. Streett and Christopher E. Tutunjian of Baker Botts LLP.

What Happens Next

With the Ninth Circuit's enforcement ruling now standing as binding precedent for how forum non conveniens applies to international arbitration awards, the case still isn't fully resolved. The district court must now determine what weight, if any, to give the Indian court's decision setting aside the original award — a question that could ultimately determine whether Devas's shareholders actually see any of the $1.3 billion the courts have now twice confirmed they're owed.

Previous Article

Tetrad Enterprises Filed for Chapter 11 Bankruptcy In Puerto Rico

Read More
4594 Posts

Rihem Akkouche

Rihem Akkouche is a passionate journalist dedicated to shedding light on compelling stories, sparking conversations, and fostering a more informed world.

Discussion

No comments yet. Be the first to join the discussion!

Don’t Miss It
America September 20, 2026
Saquon Barkley Injury Sidelines Eagles Star After Brutal First Carry
By – Tyler Brooks
America September 19, 2026
Kelsey Mitchell Breaks WNBA Scoring Record…

Kelsey Mitchell made WNBA history Friday night, scoring 33 points…

By – Jackie Allen
Opinion September 19, 2026
Trump’s Press Ban Puts His Ego…

Trump’s press ban has shut CNN, MS NOW and Politico…

By – Michallie Harrison
America September 19, 2026
Charged with Murder: Ohio Father Indicted…

An Ohio father has been charged with murder in connection…

By – Jackie Allen
America September 19, 2026
Iranian Government Holds Rally as War…

The Iranian Government organized its allegedly largest rally since the…

By – Jackie Allen
America September 19, 2026
Texas Shuts Down Houston-Area ‘Birth Tourism’…

Key Takeaways Texas Attorney General Ken Paxton announced that De’Ai…

By – Samuel Lopez
America September 19, 2026
Acquitted Michigan Brothers Sue FBI Agents…

Factual Background Michael and William Null, acquitted in 2023 of…

By – Samuel Lopez
America September 19, 2026
Acquitted Michigan Brothers Sue FBI Agents…

Factual Background Michael and William Null, acquitted in 2023 of…

By – Samuel Lopez
America September 19, 2026
Businesses Face Rising ADA Lawsuits Over…

Key Takeaways Website-accessibility litigation is surging, with 432 new digital…

By – Samuel Lopez
America September 19, 2026
Maurene Comey Wants Her Job Back…

Key Takeaways Maurene Comey is challenging DOJ’s argument that Assistant…

By – Samuel Lopez
America September 19, 2026
Agreement Entered Into With Denmark And…

Key Takeaways The Trump administration announced a new Greenland agreement…

By – Samuel Lopez
America September 18, 2026
DC Productions Narrow as HBO Chief…

DC Productions are entering a more selective phase, according to…

By – Jackie Allen
America September 18, 2026
Princess Diana Wanted to End Engagement…

Princess Diana wanted to call off her engagement to then-Prince…

By – Jackie Allen
America September 18, 2026
Princess Diana Wanted to End Engagement…

Princess Diana wanted to call off her engagement to then-Prince…

By – Jackie Allen
America September 18, 2026
Pentagon Recognized Religions List Sparks Debate…

A revised Pentagon list of recognized religions in the U.S.…

By – Jackie Allen
America September 18, 2026
Uber Ordered to Pay $40 Million…

Uber has been ordered to pay $40 million to the…

By – Jackie Allen
America September 17, 2026
DEA Investigation Into Hayden Panettiere Death…

A DEA Investigation into the death of actress Hayden Panettiere…

By – Jackie Allen
America September 17, 2026
Tyler Perry Plans Puerto Rico Move…

Key Takeaways Tyler Perry says he plans to move to…

By – Samuel Lopez
America September 17, 2026
Blueface Livestream Drama Raises Family Court…

Key Takeaways Repeated livestreams involving Blueface and Nevaeh Akira have…

By – Samuel Lopez
America September 18, 2026
Pentagon Drops 6th Tranche of UAP…

Key Takeaways Among the most extraordinary documents in the Pentagon’s…

By – Samuel Lopez
America September 17, 2026
Starbucks Settles Florida DEI Lawsuit For…

Key Takeaways Starbucks has settled Florida’s lawsuit challenging the company’s…

By – Samuel Lopez
America September 17, 2026
New Balance Sues Decathlon Over Kiprun…

Key Takeaways New Balance claims Decathlon’s mirrored Kiprun “K” logo…

By – Samuel Lopez
America September 17, 2026
Blueface Livestream Drama Raises Family Court…

Key Takeaways Repeated livestreams involving Blueface and Nevaeh Akira have…

By – Samuel Lopez
America September 17, 2026
OpenAI $1.2T Valuation Talk Headlines Week…

Numbers this large tend to blur into abstraction — until…

By – Tyler Brooks
Breaking News September 17, 2026
Fed Rate Hike Adds to Americans’…

WASHINGTON — A Fed rate hike is adding to Americans’…

By – Michallie Harrison
America September 15, 2026
Massachusetts AG Joins 21-State Coalition Suing…

Key Takeaways Massachusetts Attorney General Andrea Campbell has joined attorneys…

By – Samuel Lopez
America September 14, 2026
TMZ Ties Itself to the Hayden…

Key Takeaways TMZ is reporting that law enforcement sources believe…

By – Samuel Lopez
America September 13, 2026
Bayer’s $7.25 Billion Roundup Settlement Faces…

Key Takeaways Bayer’s Monsanto unit will ask a Missouri judge…

By – Samuel Lopez
America September 13, 2026
Tylenol Maker and Pharmacy Chains Ask…

By Samuel López | USA Herald Tylenol maker Kenvue and…

By – Samuel Lopez
America September 13, 2026
Lawyers Are Getting Burned by AI…

Key Takeaways Courts across the country have been sanctioning lawyers…

By – Samuel Lopez
America September 10, 2026
41% of Lawyers Say Legal Careers…

Key Takeaways More than 41% of surveyed lawyers say the…

By – Samuel Lopez
And More September 14, 2026
Sydney Sweeney and Scooter Braun Celebrate…

Sydney Sweeney celebrated her 29th birthday with a public declaration…

By – Jackie Allen
America September 13, 2026
Serena Williams’ Daughters Make History as…

Serena Williams has built one of the most decorated careers…

By – Jackie Allen
America September 13, 2026
KJ Biermann Faces Seven Felony Charges…

KJ Biermann, the 15-year-old son of “Real Housewives of Atlanta”…

By – Jackie Allen
America September 13, 2026
Team USA Reaches Women’s Basketball World…

BERLIN — Team USA advanced to the FIBA Women’s Basketball…

By – Jackie Allen
America September 11, 2026
Bears and RB Swift $33.75M Extension…

Sometimes the best deals get done before the clock even…

By – Tyler Brooks
America September 11, 2026
Skywatchers: Moonshadow Creates Dramatic Blood Moon…

A Moonshadow transformed the night sky Aug. 27 as the…

By – Jackie Allen

No posts found.

No posts found.

Signup for the USA Herald
exclusive Newsletter