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Case Nos: CA-2024-000977, CA-2024-000986 & CA-2024-002663
ON APPEAL FROM THE HIGH COURT OF JUSTICE
BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES
KING’S BENCH DIVISION
COMMERCIAL COURT
Mr Justice Foxton
Royal Courts of Justice
Strand, London, WC2A 2LL
Before:
LORD JUSTICE MALES
LORD JUSTICE POPPLEWELL
and
LADY JUSTICE ANDREWS
Between:
CA-2024-000986
THE CZECH REPUBLIC | Respondent /Claimant |
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1) DIAG HUMAN SE 2) JOSEF STAVA | Appellants/ Defendants |
And between: CA-2024-000977 and CA-2024-002663 THE CZECH REPUBLIC | Appellant/ Claimant |
- and - | |
1) DIAG HUMAN SE 2) JOSEF STAVA | Respondents/ Defendants |
Lord Verdirame KC, Philip Riches KC, Kate Parlett, Jonathan Ketcheson, & Sam Goodman (instructed by Mishcon de Reya LLP) for Diag Human SE and Mr Stava
Lucas Bastin KC, Peter Webster & Richard Hoyle (instructed by Arnold & Porter Kaye Scholar (UK) LLP) for the Czech Republic
Hearing date: 15 July 2025
Approved Judgment
This judgment was handed down remotely at 10.30am on 28 July 2025 by circulation to the parties or their representatives by e-mail and by release to the National Archives.
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- 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
![[2025] EWCA Civ 998](https://backend.juristeca.com/files/emisores/logo_Sjvxvlx.png)