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United Kingdom
investment treatyserious irregularityloss of right to object
Czech Republic v Diag Human Se
[2024] EWHC 503 (Comm)
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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