[2025] EWCA Civ 998

Fecha: 28-Jul-2025

Conclusions

Service of the Order

The Court has provided a sealed copy of this Order to the serving party: the Czech Republic’s solicitors, Jane Wessel and Charlotte Mallorie, Arnold & Porter Kaye Scholer (UK) LLP, Tower 42, Old Broad Street, London EC2N 1HQ.

Dated: [ ] July 2025

SCHEDULE

Paragraph 1103 of the Award is varied so that it reads as follows:

‘For the reasons set out above, the Tribunal decides as follows:

(i)

Finds that it does not have jurisdiction ratione temporis over events that pre-dated the entry into force of the BIT;

(ii)

Finds that it does not have jurisdiction over the claim by Diag Human SE.

(iii)

Finds that Respondent breached Article 4(2) of the BIT;

(iv)

Awards Mr Josef Stava damages and interest as calculated in the 2008 Award, from which any amounts collected under the 2008 Award by Mr Stava or Diag Human SE shall be deducted:

CZK 4,089,716,666.00 in damages (lost profits, in addition to those awarded in the Partial Award) for the period from 1 July 1992 to 30 May 2000;

CZK 4,244,879,686.00 in interest for the period from 1 July 1992 to 30 June 2007;

Interest of CZK 1,287,877.00 per day, starting on 1 July 2007 until payment, and, from 14 July 2007 until payment, additional interest per day on the amount CZK 58,130,213.00 at the repo rate per annum set by the Czech National Bank (on 1 January and 1 July each year for the respective half calendar year thereafter) plus 7 per cent.

(v)

Orders Respondent to reimburse Mr Stava 70% of his share of the arbitration costs assessed in the sum of EUR 378,442.86.

(vi)

Orders Respondent to reimburse Mr Stava 70% of his legal and other costs assessed in the sums of US$427,135.70, GBP739,205.77, CZK850,688.30, EUR165,700.21 and CHF18,225.65.

(vii)

Dismisses all other claims.’