Diag Human Se v Czech Republic
Whether a New York Convention arbitration award had
become binding and so could be enforced in England
http://www.bailii.org/ew/cases/EWHC/Comm/2014/1639.html
The claimant sought to enforce a New York Convention award made
in the Czech Republic against the defendant. The defendant resisted
enforcement on the ground that the award had "not yet become
binding on the parties" (section 103(1)(2)(f) of the
Arbitration Act 1996). Eder J held as follows:
(1) A decision by the Austrian Supreme Court (in separate
enforcement proceedings) that the award is not binding gave rise to
an issue estoppel between the parties, with the effect that the
claimant could not argue otherwise. The judge rejected the
claimant's argument that in proceedings to enforce under the
New York Convention, issue estoppel cannot arise from decisions in
other states on enforcement itself. The only conditions which had
to be met were those affirmed by the Court of
