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United Kingdom investment treatyserious irregularityloss of right to object

Czech Republic v Diag Human Se

[2024] EWHC 503 (Comm)
JurisdictionUnited Kingdom
CourtHigh Court of Justice (King's Bench Division, Commercial Court)
Year2024
StatusBinding authority

Key Principle

On a challenge to an investment-treaty arbitral award under ss.67-68 of the Arbitration Act 1996, a party generally loses the right to object where it failed to raise the complaint promptly during the arbitration (s.73), so that most jurisdictional and procedural objections are barred; but a discrete serious-irregularity / fair-hearing complaint may still succeed where the tribunal denied a party a fair opportunity to be heard.

Area of Law

General

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