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08 November 2013
Issue: 7583 / Categories: Case law , Law digest , In Court
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Arbitration

Diag Human SE v Czech Republic [2013] EWHC 3190 (Comm), [2013] All ER (D) 309 (Oct)

Under Art III of the NY Convention, the local court was free to impose its own procedural conditions, such as orders for disclosure, time limits for evidence and, in respect of compliance with those conditions, to make final or unless orders and, in the event of failure to comply with such orders, to impose sanctions including dismissal. That also included security for costs, if otherwise appropriate, and so long as non-discriminatory. The fact that there was an express remedy given by Art VI whereby a defendant might be liable for security in respect of the award and/or for costs did not take away the effect of Art III. There was no reason why, unless disqualified from obtaining security by virtue of the fact that the onus of proof was upon him, a purely passive defendant in award enforcement proceedings should not be able to seek, like any other defendant, security for costs in defending such an application. Consequently, if security for costs

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MOVERS & SHAKERS

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

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Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
Climate change belongs on every lawyer’s agenda, with risks extending far beyond environmental practice into commercial advice, litigation and access to justice
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