Arbitration Law Monthly

The decision of the Court of Appeal in Czech Republic v Diag Human SE [2025] EWCA Civ 588; [2025] 1 Lloyd's Rep 458, an appeal from two judgments of Foxton J, discusses important questions on the meaning and operation of sections 31 and 73 of the Arbitration Act 1996 on the loss of the right to object to a tribunal's jurisdictional rulings.

In Environment Agency v High Speed Two (HS2) Ltd [2024] EWHC 1560 (TCC); [2024] BLR 467 Joanna Smith J discussed the scope of section 44(3) of the Arbitration Act 1996, under which the court can grant interim relief in cases of "urgency" where intervention is needed to preserve "assets". Each of these criteria fell to be discussed.

In Republic of Korea v Elliott Associates LP [2024] EWHC 2037 (Comm); [2024] 2 Lloyd's Rep 363 Korea sought to overturn an arbitration award under an investment treaty whereby Korea was found, through a commercial entity, to have interfered with EALP's rights in a company in which EALP held shares.