DIAG HUMAN SE V CZECH REPUBLIC

[2013] EWHC 3190 (Comm), Queen's Bench Division, Commercial Court, Mr Justice Burton, 25 October 2013

Arbitration - New York Convention - Enforcement of award - Whether order for security for costs could be made against award creditor - CPR Part 25.12

DH made a claim against the Czech Republic seeking damages following the termination of a commercial contract with a third party following intervention by the Czech Republic. DH and the Czech Republic agreed to submit the dispute to arbitration under an agreement which provided that any award could be submitted for review. DH obtained a partial award for £10 million, which was paid in 2003. In 2008 DH obtained a final award for some £275 million including interest and sought to enforce it in England under the New York Convention. DH obtained a without notice enforcement order, and the Czech Republic applied to have it set aside. The Czech Republic also sought an order for security for its costs in the enforcement proceedings. Burton J refused the application.