Czech Republic v Diag Human SE & Anor [2023] EWCA Civ 1518 (21 December 2023)

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

Citation: [2023] EWCA Civ 1518
Parties: Respondent/claimant: The Czech Republic; Appellant/defendant: Diag Human SE; Appellant/defendant: Josef Stava
Jurisdiction: England and Wales
Judgment Date: 21 December 2023
Procedural Posture: Appeal / Application for Permission to Appeal From High Court Decision Refusing Security Under Section 70(7) Arbitration Act 1996
Outcome: Application dismissed for lack of jurisdiction.
Legal Topics: Security for Arbitration Award, Jurisdiction of Court of Appeal, Section 70(7) Arbitration Act 1996, Challenge to Arbitral Award

Arbitration Commercial Law Security for Arbitration Award Jurisdiction of Court of Appeal Section 70(7) Arbitration Act 1996 Challenge to Arbitral Award

Case Brief

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Parties

The Czech Republic

Respondent/claimant

Diag Human SE

Appellant/defendant

Josef Stava

Appellant/defendant

Procedural Posture

Appeal / Application for Permission to Appeal From High Court Decision Refusing Security Under Section 70(7) Arbitration Act 1996

Legal Issues

1 Does the Court of Appeal have jurisdiction to grant permission to appeal from a refusal to order security under section 70(7) Arbitration Act 1996?
2 Should security for the arbitration award be ordered under section 70(7)?
3 Is the alleged misconduct of the award debtor relevant to the exercise of discretion under section 70(7)?

Ratio Decidendi

Court Disposition

Application dismissed for lack of jurisdiction.