Arbitral Digest

Matter

DIAG HUMAN SE v Czech Republic (Paris Court of Appeal case 11/12192 dated 20 November 2012)

Commercial arbitration over DIAG HUMAN's blood-plasma dispute with the Czech Republic; Paris proceedings addressed award exequatur during reconsideration.

  1. 27 May 1998Arbitration

    27 May 1998Arbitration

    Partial Reconsideration Award dated 27 May 1998

    Decision summary
    The arbitral tribunal recognized the principle of the Czech Republic's liability in the dispute arising from DIAG HUMAN's supply of blood plasma to the Czech Ministry of Health.

    Supporting details

    2 participants
    DIAG HUMAN SE
    Czech Republic

    4 years and 29 days later · 1490 days

  2. 25 June 2002Arbitration

    25 June 2002Arbitration

    Partial Reconsideration Award dated 25 June 2002

    Decision summary
    The arbitral tribunal awarded DIAG HUMAN damages for certain heads of loss in the dispute with the Czech Republic.

    Supporting details

    2 participants
    DIAG HUMAN SE
    Czech Republic

    6 years, 1 month and 10 days later · 2232 days

  3. 4 August 2008Arbitration

    4 August 2008Arbitration

    Final Arbitral Award dated 4 August 2008

    Decision summary
    The ad hoc arbitral tribunal ruled on all points remaining in dispute and ordered the Czech Republic to pay various sums to DIAG HUMAN SE.

    Supporting details

    5 participants
    DIAG HUMAN SE
    Czech Republic
    Institution
    Arbitrator
    [I]
    Arbitrator
    [T]
    Arbitrator
    Ruzicka

    2 years, 9 months and 19 days later · 1022 days

  4. 23 May 2011France

    23 May 2011France

    Exequatur Order of the Paris Regional Court dated 23 May 2011

    Paris Regional Court

    Decision summary
    The Paris Regional Court granted exequatur to the arbitral act rendered on 4 August 2008 between DIAG HUMAN SE and the Czech Republic.

    Supporting details

    2 participants
    Czech Republic
    DIAG HUMAN SE
    Paris Regional Court

    1 year, 5 months and 28 days later · 547 days

  5. 20 November 2012France

    20 November 2012France

    Judgment of the Paris Court of Appeal, Division 1 - Chamber 1 in case 11/12192 dated 20 November 2012

    Paris Court of Appeal, Division 1 - Chamber 1

    Case no.
    11/12192
    Decision summary
    The Paris Court of Appeal dismissed the Czech Republic's challenge to the arbitral process in part, excluded late submissions, and set aside the 23 May 2011 exequatur order for the instrument described as the final arbitral award of 4 August 2008. It held that the parties' agreed reconsideration procedure meant the instrument did not have the character of an arbitral award while that procedure was pending, and ordered DIAG HUMAN SE to pay costs and EUR 20,000 under article 700 of the French Code of Civil Procedure.

    Supporting details

    1 authority · 14 participants
    Czech Republic
    Representative
    Ministry of Health of the Czech Republic (For: Czech Republic)
    Representative
    SCP Fisselier-Chiloux-Boulay (For: Czech Republic)
    Representative
    Alain Fisselier (For: Czech Republic)
    Representative
    Anthony Van Hagen (For: Czech Republic)
    Representative
    Yann Le Douarin (For: Czech Republic)
    DIAG HUMAN SE
    Representative
    SCP Lagourgue-Olivier (For: DIAG HUMAN SE)
    Representative
    Charles-Hubert Olivier (For: DIAG HUMAN SE)
    Representative
    Geneviève Augendre (For: DIAG HUMAN SE)
    Paris Court of Appeal, Division 1 - Chamber 1
    Judge
    Guihal
    Judge
    Dallery
    Other
    Court Reporter
    Pate

    Authorities cited

    1
    • French Code of Civil Procedure
      statute

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DIAG HUMAN SE v Czech Republic (Paris Court of Appeal case 11/12192 dated 20 November 2012) · Matter