Introduction

1. These proceedings concern a claim by the claimant ("Diag Human") to enforce an Arbitration Award dated 4 August 2008 made in its favour in the Czech Republic against the defendant, the Czech Republic (the "Award").

2. The claim is made pursuant to s103 of the Arbitration Act 1996 (the "1996 Act") which provides in material part as follows:

"103(1) Recognition or enforcement of a New York Convention award shall not be refused except in the following cases.

(2) Recognition or enforcement of the award may be refused if the person against whom it is invoked proves –…

(f) that the award has not yet become binding on the parties, or has been set aside or suspended by a competent authority of the country in which, or under the law of which, it was made

(3) Recognition or enforcement of the award may also be refused if the award is in respect of a matter which is not capable of settlement by arbitration, or if it would be contrary to public policy to recognise or enforce the award.

(4) …

(5) Where an application for the setting aside or suspension of the award has been made to such a competent authority as is mentioned in subsection (2)(f), the court before which the award is sought to be relied upon may, if it considers it proper, adjourn the decision on the recognition or enforcement of the award. It may also on the application of the party claiming recognition or enforcement of the award order the other party to give suitable security."