The Czech Republic v Diag Human Se & Anor

The Czech Republic v Diag Human Se & Anor

The Court of Appeal has no jurisdiction to grant permission to appeal a decision to refuse security under section 70(7) of the Arbitration Act 1996, as such decisions are ancillary to challenges under sections 67 and 68 and only the first instance court can grant leave. The judge's refusal to order security stands.

Parties
Respondent/claimant: The Czech Republic; Appellant/defendant: Diag Human SE; Appellant/defendant: Josef Stava
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Civil Appeal / Application for Permission to Appeal (court of Appeal)
Outcome
Application for permission to appeal dismissed for lack of jurisdiction.
Legal Topics
Security for Award, Jurisdiction of Court of Appeal, Arbitration Act 1996 Section 70(7), Challenge to Arbitration Award
Arbitration Commercial Law Security for Award Jurisdiction of Court of Appeal Arbitration Act 1996 Section 70(7) Challenge to Arbitration Award

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Parties

The Czech Republic

Respondent/claimant

Diag Human SE

Appellant/defendant

Josef Stava

Appellant/defendant

Procedural Posture

Civil Appeal / Application for Permission to Appeal (court of Appeal)

Legal Issues

  1. 1 Does the Court of Appeal have jurisdiction to grant permission to appeal a refusal to order security under section 70(7) of the Arbitration Act 1996?
  2. 2 What are the principles governing the grant of security for money payable under an arbitration award pending challenge under sections 67 and 68 of the Arbitration Act 1996?
  3. 3 Is the alleged misconduct of the award debtor relevant to the exercise of discretion under section 70(7)?

Ratio Decidendi

The Court of Appeal has no jurisdiction to grant permission to appeal a decision to refuse security under section 70(7) of the Arbitration Act 1996, as such decisions are ancillary to challenges under sections 67 and 68 and only the first instance court can grant leave. The judge's refusal to order security stands.

Court Disposition

Application for permission to appeal dismissed for lack of jurisdiction.