An American investment fund obtained a USD 48m UNCITRAL award against Korea under Chapter 11 of the United States-Korea Free Trade Agreement (the “Treaty”).  Korea challenged the award under section 67 of the Arbitration Act 1996 (the “Act”), arguing the claim did not fall within Chapter 11 and the tribunal lacked jurisdiction.  The Court of … Continue reading “Republic of Korea v Elliott Associates, LP [2025] EWCA Civ 905”

Mr Josef Stava and his company, Diag Human SE (“Diag”), obtained a USD $350m award against the Czech Republic (“CZR”) under the CZR-Switzerland BIT.  CZR challenged the award under section 67 of the Arbitration Act 1996 (the “Act”), arguing the claimants were not qualifying investors under the BIT and the tribunal therefore lacked jurisdiction.  The … Continue reading “The Czech Republic v Diag Human SE [2025] EWCA Civ 588”