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UK and international arbitration update: s67 BIT challenge refused; DIFC interim awards enforceable; EU/UK withdraw from ECT; BVI statutory demand set aside; Sweden annuls Italy award; LCIA 2023 report

Published on: 06 June 2024

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Arbitration in England & Wales

Commercial Court—AA 1996, s 67—BIT award—addition of new ground of challenge—rejected

In Czech Republic v Diag [2024] EWHC 708 (Comm), the principal judgment of 8 March 2024 was delivered by Mr Justice Foxton in the English Commercial Court. Foxton J determined that the Czech Republic sought, belatedly, to introduce a fresh challenge under section 67 of the Arbitration Act 1996 concerning the second claimant’s true nationality—a point that was, in principle, capable of grounding a jurisdictional objection. However, the state, exercising reasonable diligence, could and should have identified this contention during the BIT arbitration itself. Consequently, the proposed new challenge was barred by section 73(1) of the AA 1996, and the court declined to grant permission to amend. Written by Gordon Blanke, founding principal at Blanke Arbitration, Dubai/London/Paris...

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