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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 was available to a defendant in relation to enforcement of a domestic

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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