Cour de Cassation, 28 June 2018
(Parties not indicated)
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
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Cour de Cassation, 28 June 2018
(Parties not indicated)
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.