CZECH REPUBLIC V DIAG HUMAN SE

[2025] EWCA Civ 588, Court of Appeal, Lord Justice Males, Lord Justice Popplewell and Lady Justice Andrews, 7 May 2025

Arbitration – Bilateral Investment Treaty – Jurisdiction – Loss of right to object on jurisdictional grounds to award – Meaning of "qualifying investor" – Arbitration Act 1996, sections 31, 67 and 73

By an Investment Arbitration Award dated 18 May 2022, conducted under a Bilateral Investment Treaty (BIT) between the Swiss Confederation and the Czechoslovak Republic, the Tribunal ruled that the Czech Republic had breached the "fair and equitable treatment" obligation in the BIT by a letter on 9 March 1992 from the Minister of Health bringing an end to Diag's commercial relationship with its Czech partner.