A new law that restricts the right to refer certain matters to arbitration has entered into force. Among other things, it affects contracts concerning rights in rem and matters relating to 'national property' - a term that covers material objects, but may also extend to things as disparate as rights, company shareholdings, emission units and Hungarian airspace.
The Supreme Court has considered the effects of a verification proposal (ie, a motion of one party requesting the arbitrators to decide on a certain question) on the right of the parties to present their case. It ruled that the tribunal’s decision on whether to entertain the verification proposal does not affect the parties' procedural rights.
A recent Supreme Court judgment sets out key principles in respect of the validity and enforceability of an arbitration agreement. Among other things, the court ruled that where two parties are joined to a lawsuit but only one has agreed to arbitration, the dispute may only be resolved by the competent court.
The new Bill on Mediation is an important move towards a wider application of mediation techniques in Hungary. However, the regime it proposes to introduce is unusual, with many aspects - such as obligatory mediation courses for mediators and the limitation of mediation fees - running contrary to international practice and legislation.
The Ad hoc Arbitration Court, which has exclusive jurisdiction over disputes concerning registered domain names under the Hungarian country code top-level domain, has delivered a landmark decision with regard to Hungarian domain registration practices. The ruling may have a profound effect on the cybersquatting scene.
Hungary's Arbitration Court, which operates alongside the Hungarian Chamber of Industry and Commerce, has jurisdiction to resolve disputes arising from contractual relationships. This update explains its background, organization and rules of procedure.
Including: Availability of Arbitration; The Arbitration Agreement; Procedure; Governing Law; Judicial Assistance; Settlement; Annulment and Enforcement of Decisions; International Arbitration; Tribunal Fees
The Internet Providers' Committee has established the Ad hoc Arbitration Court in order to resolve disputes that arise in connection with the registration of domain names. The court was established with the involvement of legal and technical experts in the field. It is expected that this new arena should help disputing parties to avoid expensive and protracted proceedings.