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Luxembourg—validity of attachments against state assets and jurisdictional immunity (Diag Human SE v The Czech Republic)

Luxembourg—validity of attachments against state assets and jurisdictional immunity (Diag Human SE v The Czech Republic)
Published on: 11 September 2019
Published by: LexisPSL
  • Luxembourg—validity of attachments against state assets and jurisdictional immunity (Diag Human SE v The Czech Republic)
  • What was the background to the court’s June 2019 decision?
  • What issues were before the court (re the June 2019 decision)?
  • What did the court decide in June 2019?
  • Why is the decision of interest to international arbitration practitioners? (In this regard, please could the authors consider the history of the case more broadly, including the fact, I think, that the US courts have refused to enforce the award)

Article summary

Arbitration analysis: Laure-Hélène Gaicio, partner at BSP, examines a recent decision from the District Court of Luxembourg in a longstanding case concerning an attachment to enforce an arbitral award. The decision concerned an award in favour of a company incorporated in Liechtenstein against the Czech Republic. The court found that the Czech Republic had waived its jurisdictional immunity and immunity from enforcement and validated the attachment on assets based in Luxembourg. or take a trial to read the full analysis.

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