UNITED STATES 886
Yearbook
Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XLII (2017)
Jurisdiction
United States
Original full text
Full text decision UNITED STATES 886
Summary
US 886. Diag Human, S.E. v. Czech Republic, Ministry of Health, United States Court of Appeals, District of Columbia Circuit, No. 14-7142, 31 May 2016
Related topics
105
"Persons, whether physical or legal" (paragraph 1) (including sovereign immunity)
The court discusses issues relating to the quality of the parties, as physical or legal persons against whom enforcement of an arbitral award is sought, including the incapacity of a State to enter into an arbitration agreement, and questions relating to sovereign immunity. For the related defenses to enforcement, see Art. V(1)(a).
107
Second reservation ("commercial reservation") (paragraph 3)
The court discusses the relevance and determination of the commercial nature of the relationship underlying the award, including in the context of contractual and non-contractual relations.