Arbitral Digest

Matter

Diag Human v Czech Republic - Commercial Arbitration

Aliases: Diag Human SE v Czech Republic · Diag Human SE v Czech Republic-Ministry of Health

Seat
Czech Republic
  1. 25 June 2002Czech Republic

    25 June 2002Czech Republic

    Partial Damages Award in the Diag Human-Czech Republic commercial arbitration

    Decision summary
    The tribunal awarded Diag Human approximately US$10 million in partial damages.

    Supporting details

    2 authorities

    Authorities cited

    2
    • Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention, 10 June 1958)
      treaty
    • French Code of Civil Procedure, Articles 1484, 1506, 1514, and 1516
      statute

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

  2. 4 August 2008Czech Republic

    4 August 2008Czech Republic

    Final Award in the Diag Human-Czech Republic commercial arbitration

    Decision summary
    The tribunal awarded CZK 4,089,716,666 in damages, CZK 4,244,879,686 in interest to 30 June 2007, and CZK 1,287,877 per day from 1 July 2007 until payment, subject to the agreed review procedure.

    Supporting details

    3 authorities

    Authorities cited

    3
    • Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention, 10 June 1958)
      treaty
    • United Kingdom Arbitration Act 1996 (Arbitration Act 1996, Sections 67-70 and 73)
      statute
    • United States Federal Arbitration Act (9 U.S.C. Sections 201-208, Sections 201-208)
      statute

    5 years, 7 months and 1 day later · 2039 days

  3. 5 March 2014France

    5 March 2014France

    Judgment of the French Court of Cassation, First Civil Chamber, in Diag Human v Czech Republic dated 5 March 2014

    French Court of Cassation, First Civil Chamber

    Case no.
    Appeal No. 12-29.112
    Citation
    ECLI FR:CCASS:2014:C100193
    Decision summary
    The court rejected Diag Human's appeal and held that the 4 August 2008 act was not an enforceable final award while the agreed review procedure remained available.

    Supporting details

    2 authorities
    French Court of Cassation, First Civil Chamber

    Authorities cited

    2
    • French Code of Civil Procedure, Articles 1484, 1506(4), 1514, and 1516
      statute
    • Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention, 10 June 1958, Article V)
      treaty

    2 months and 17 days later · 78 days

  4. 22 May 2014United Kingdom

    22 May 2014United Kingdom

    Judgment of the England and Wales Commercial Court in Diag Human SE v Czech Republic dated 22 May 2014

    High Court of Justice, Commercial Court

    Citation
    [2014] EWHC 1639 (Comm)
    Decision summary
    The court considered the Czech review proceedings and refused to treat the 4 August 2008 award as presently enforceable.

    Supporting details

    2 authorities
    High Court of Justice, Commercial Court

    Authorities cited

    2
    • United Kingdom Arbitration Act 1996 (Arbitration Act 1996)
      statute
    • Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention, 10 June 1958)
      treaty

    2 months and 1 day later · 62 days

  5. 23 July 2014Czech Republic

    23 July 2014Czech Republic

    Resolution of the Review Arbitration Panel dated 23 July 2014

    Decision summary
    The review proceedings were discontinued after Diag Human withdrew its review request, and neither party was awarded costs.

    Supporting details

    1 authority

    Authorities cited

    1
    • Diag Human-Czech Republic Commercial Arbitration Agreement
      contract

    22 days later · 22 days

  6. 14 August 2014United States

    14 August 2014United States

    Judgment of the United States District Court for the District of Columbia in Diag Human SE v Czech Republic-Ministry of Health dated 14 August 2014

    United States District Court for the District of Columbia

    Case no.
    Civil Action No. 13-0355 (ABJ)
    Citation
    64 F. Supp. 3d 22 (D.D.C. 2014)
    Decision summary
    The court dismissed the enforcement action for lack of subject-matter jurisdiction under the Foreign Sovereign Immunities Act.

    Supporting details

    4 authorities
    United States District Court for the District of Columbia

    Authorities cited

    4
    • United States Foreign Sovereign Immunities Act (28 U.S.C. Sections 1603 and 1605, Sections 1603, 1605(a)(1), and 1605(a)(6))
      statute
    • United States Federal Arbitration Act (9 U.S.C. Sections 201-208, Sections 201-208)
      statute
    • Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention, 10 June 1958)
      treaty
    • Creighton Ltd v Government of the State of Qatar (181 F.3d 118 (D.C. Cir. 1999))
      case

    1 year, 9 months and 17 days later · 656 days

  7. 31 May 2016United States

    31 May 2016United States

    Judgment of the United States Court of Appeals for the District of Columbia Circuit in Diag Human SE v Czech Republic-Ministry of Health dated 31 May 2016

    United States Court of Appeals for the District of Columbia Circuit

    Case no.
    No. 14-7142
    Citation
    824 F.3d 131 (D.C. Cir. 2016)
    Decision summary
    The court reversed the jurisdictional dismissal and held that the Foreign Sovereign Immunities Act arbitration exception supplied jurisdiction for the enforcement action.

    Supporting details

    4 authorities
    United States Court of Appeals for the District of Columbia Circuit

    Authorities cited

    4
    • United States Foreign Sovereign Immunities Act (28 U.S.C. Sections 1603 and 1605, Section 1605(a)(6))
      statute
    • United States Federal Arbitration Act (9 U.S.C. Sections 201-208, Section 201)
      statute
    • Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention, 10 June 1958)
      treaty
    • Creighton Ltd v Government of the State of Qatar (181 F.3d 118 (D.C. Cir. 1999))
      case

    8 months and 21 days later · 266 days

  8. 21 February 2017United States

    21 February 2017United States

    Order of the Supreme Court of the United States in Czech Republic-Ministry of Health v Diag Human SE dated 21 February 2017

    Supreme Court of the United States

    Case no.
    No. 16-620
    Decision summary
    The Supreme Court denied the petition for a writ of certiorari from 824 F.3d 131.

    Supporting details

    1 authority
    Supreme Court of the United States

    Authorities cited

    1
    • Diag Human SE v Czech Republic-Ministry of Health (824 F.3d 131 (D.C. Cir. 2016))
      case

    7 months and 6 days later · 218 days

  9. 27 September 2017United States

    27 September 2017United States

    Judgment of the United States District Court for the District of Columbia in Diag Human SE v Czech Republic-Ministry of Health dated 27 September 2017

    United States District Court for the District of Columbia

    Case no.
    Civil Action No. 13-0355 (ABJ), Document 72
    Citation
    279 F. Supp. 3d 114 (D.D.C. 2017)
    Decision summary
    The court dismissed the enforcement action because the 4 August 2008 decision was not a final and binding award under the New York Convention while the agreed review process remained material.

    Supporting details

    2 authorities
    United States District Court for the District of Columbia

    Authorities cited

    2
    • Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention, 10 June 1958, Article V(1)(e))
      treaty
    • United States Federal Arbitration Act (9 U.S.C. Sections 201-208, Sections 201-208)
      statute

    9 months and 1 day later · 274 days

  10. 28 June 2018Luxembourg

    28 June 2018Luxembourg

    Judgment of the Luxembourg Court of Cassation in Diag Human SE v Czech Republic dated 28 June 2018

    Luxembourg Court of Cassation

    Case no.
    Decision 70/2018, register no. 3987
    Citation
    Decision 70/2018
    Decision summary
    The court rejected the Czech Republic's cassation appeal and upheld recognition of the 4 August 2008 award in Luxembourg.

    Supporting details

    2 authorities
    Luxembourg Court of Cassation

    Authorities cited

    2
    • Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention, 10 June 1958, Articles IV and V)
      treaty
    • Luxembourg New Code of Civil Procedure (New Code of Civil Procedure of Luxembourg, Article 240)
      statute

    3 months and 28 days later · 120 days

  11. 26 October 2018United States

    26 October 2018United States

    Judgment of the United States Court of Appeals for the District of Columbia Circuit in Diag Human SE v Czech Republic-Ministry of Health dated 26 October 2018

    United States Court of Appeals for the District of Columbia Circuit

    Case no.
    No. 17-7154
    Citation
    No. 17-7154 (D.C. Cir. 2018)
    Decision summary
    The court affirmed that the 4 August 2008 award was not binding under the New York Convention because the contractual review process had not produced a binding final award.

    Supporting details

    3 authorities
    United States Court of Appeals for the District of Columbia Circuit

    Authorities cited

    3
    • Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention, 10 June 1958, Article V(1)(e))
      treaty
    • United States Federal Arbitration Act (9 U.S.C. Sections 201-208, Sections 201-208)
      statute
    • Alexander v Gardner-Denver Co. (415 U.S. 36 (1974))
      case

    7 months and 12 days later · 224 days

  12. 7 June 2019Luxembourg

    7 June 2019Luxembourg

    Judgment of the Luxembourg District Court, Civil Chamber 10, in Diag Human SE v Czech Republic dated 7 June 2019

    Luxembourg District Court, Civil Chamber 10

    Case no.
    2019TALCH10/00094
    Citation
    2019TALCH10/00094
    Decision summary
    The court determined the recognition and enforcement proceedings concerning Diag Human's attachment of Czech state-related funds and its claim under the 4 August 2008 award.

    Supporting details

    2 authorities
    Luxembourg District Court, Civil Chamber 10

    Authorities cited

    2
    • Luxembourg New Code of Civil Procedure (New Code of Civil Procedure of Luxembourg, Articles 226 and 240)
      statute
    • Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention, 10 June 1958)
      treaty
  13. Date not availableCzech Republic

    Date not availableCzech Republic

    Interim Award in the Diag Human-Czech Republic commercial arbitration

    Decision summary
    The tribunal confirmed that the Czech Republic committed a wrongful act and caused damage; the amount of damages was reserved.

    Supporting details

    2 authorities

    Authorities cited

    2
    • Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention, 10 June 1958)
      treaty
    • United States Federal Arbitration Act (9 U.S.C. Sections 201-208, Sections 201-208)
      statute
  14. Date not availableUnited Kingdom

    Date not availableUnited Kingdom

    Judgment of the England and Wales Commercial Court in Diag Human SE v Czech Republic dated 2013

    High Court of Justice, Commercial Court

    Citation
    [2013] EWHC 3190 (Comm)
    Decision summary
    The court dismissed the Czech Republic's application for security for costs in Diag Human's attempt to enforce the 4 August 2008 award.

    Supporting details

    2 authorities
    High Court of Justice, Commercial Court

    Authorities cited

    2
    • United Kingdom Arbitration Act 1996 (Arbitration Act 1996, Sections 67-70)
      statute
    • Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention, 10 June 1958)
      treaty

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