Section 68 challenge

Challenge of Arbitral Award, England, English courts, English Law, Jurisdiction, Section 68 challenge, UK

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On 9 August 2024, the Commercial High Court of England and Wales (the “Court”) has declined to set aside the Permanent Court of Arbitration (“PCA”) investment award issued in Diag & Mr. Josef Stava v Czech Republic (the “Award”), rejecting the jurisdictional challenges raised by the Czech Republic (the “Judgement”). The Czech Republic challenged the…

Arbitration Act 1996, English courts, ICC Rules, International arbitration, LCIA Arbitration, LCIA Rules, Section 68 challenge

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The judgment issued by the High Court of England and Wales in Xstrata Coal Queensland P Ltd & Anor v Benxi Iron & Steel (Group) International Economic & Trading Co (Xstrata) is a rare example of a successful challenge brought under section 68 of the Arbitration Act 1996 (“the Act”). It serves as a reminder…