![[2025] EWCA Civ 998](https://backend.juristeca.com/files/emisores/logo_Sjvxvlx.png){kind=logo}
AND UPON Mr Josef Stava and Diag Human SE each giving an undertaking in the following terms
AND UPON Mr Josef Stava and Diag Human SE each giving an undertaking in the following terms:
‘Josef Stava and Diag Human SE each undertake, in respect of the 2008 and 2022 Awards, that they will not collectively recover any more from the Czech Republic than the maximum sum which is due under either: (1) the 2008 Award; or (2) the 2022 Award (whichever is the higher).
Should total recovery by Josef Stava and Diag Human SE exceed the permissible maximum sum referred to immediately above, they each undertake to repay any excess to the Czech Republic.’
IT IS ORDERED THAT:
Disposal of Appeals
The First Appeal is dismissed.
The Second Appeal is dismissed.
The Third Appeal is allowed and it is declared that the Tribunal does not have jurisdiction in respect of the claims by Diag Human SE.
The Award in favour of Mr Stava is confirmed.
The Award in favour of Diag Human SE is set aside.
Paragraph 1103 of the Award is varied so that it reads as set out in the Schedule to this Order.
- Heading
- LORD JUSTICE MALES
- Background and recent developments
- Section 67 remedies
- Does the setting aside of the award against Diag SE affect the award in favour of Mr Stava?
- Double recovery
- Costs of the arbitration
- Miscellaneous changes to the BIT Award
- The Remittal Award
- UPON an award dated 18 May 2022 having been issued by the tribunal in an arbitration with PCA Case No. 2018-20 between the Defendants (as arbitration claimants) and Claimant (as arbitration respondent
- AND UPON Mr Josef Stava and Diag Human SE each giving an undertaking in the following terms
- Costs
- Conclusions