Diag Human S.E. v. Czech Republic - Ministry of Health, No. 17-7154 (D.C. Cir. 2018)Annotate this Case
The DC Circuit affirmed the district court's judgment refusing to enforce an arbitral award against the Czech Republic Ministry of Health and in favor of Diag Human, S.E., a corporation organized under the laws of the Principality of Liechtenstein. The court held that the final award was not binding on the Czech Republic where, not only the termination of the review, but also the content of the arbitration review panel's "Resolution," prevented the final award from becoming binding. Pursuant to the agreement, the parties had recourse to another arbitration panel, which was sufficient to prevent the award from becoming binding at that time.