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Cour de Cassation, 28 June 2018

(Parties not indicated)

In fact: DIAG Human v. Czech Republic

28 - 06 - 2018

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Yearbook Yearbook Commercial Arbitration, S. W. Schill (ed.), Vol. XLVI (2021)
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Summary

In this chapter of the DIAG Human v. Czech Republic saga, the Supreme Court affirmed the 2017 decision of the Court of Appeal, which in turn had affirmed the 2011 first instance decision recognizing a Czech ad hoc award. While the party seeking enforcement had not revealed to the 2011 court that applications for review arbitration were pending against the award in the Czech Republic, this argument had become moot by 2017, as the applications had been denied in 2014. Hence, enforcement could not be denied on grounds of public policy because of the procedural fraud allegedly committed by the applicant. The Supreme Court also found that it could not review the holding of the Court of Appeal that the award was binding under Czech law, because the interpretation and application of foreign law were questions of fact which pertained to the merits and fell outside the cassation review.

Related topics
101

The court discusses the determination and relevance of the place where the award was made (in a foreign State or another contracting State.

Award made in the territory of another (Contracting) State (paragraphs 1 and 3 - first or "reciprocity" reservation)
500

The court discusses the overall scheme and/or pro-enforcement bias of the Convention.

Grounds for refusal of enforcement in general
514 Ground e: Award not binding, suspended or set aside - "Binding"
524

Public policy: The court discusses the effect of other alleged violations of public policy on the recognition and enforcement of an arbitral award, such as contradictory reasons, manifest disregard of the law (US), etc.

Other cases
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