Hungary - Baker & McKenzie International Arbitration Yearbook: 2010-2011

József Antal is a Co-chair of the Dispute Resolution Team of the Budapest office. He routinely assists clients in litigation, alternative dispute resolution and procurement matters, and has advised clients in numerous industry sectors from transportation to energy and financial services to telecommunications.

Anna Ménes is a Senior Associate of the Dispute Resolution Team of the Budapest office. She primarily works on civil lawsuits, arbitration cases and out of-court procedures, and advises clients in connection with public procurement issues. She gained experience in several fields of law, including damages, competition law, copyright, banking and finance litigation, fraud investigations and compliance-related matters.

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Originally from Baker & McKenzie International Arbitration Yearbook 2010-2011

A. LEGISLATION, TRENDS AND TENDENCIES

A.1 Legislation

The Hungarian Arbitration Act3 contains the fundamental rules of domestic and international arbitration procedures,4 as well as the rules of the ordinary court procedures related to arbitration. The Hungarian Arbitration Act, which is in conformity with the UNCITRAL Model Law, has not been modified since 2007. Below is a brief overview of the relevant legislation and the five main permanent arbitration courts operating in Hungary.

Table of Contents:

A. Legislation, Trends and Tendencies A.1 Legislation A.1.1 Arbitrability of disputes A.1.2 Arbitration rules A.1.3 Arbitrators, independence and impartiality of arbitrators A.1.4 Remedies against arbitral awards A.1.5 Enforcement A.1.6 Costs A.1.7 Confidentiality A.1.8 Relationship of arbitration courts and ordinary courts A.1.9. The five main permanent arbitration courts operating in Hungary A.2 Trends and Tendencies B. Cases B.1 Res Judicata Effect of Arbitral Awards—Issue Clarified by the Supreme Court B.2 Independence and Impartiality of Arbitrators—Working Relationship as a Reason for Exclusion B.3 Arbitration Clause Contained in General Terms and Conditions—Explicit Acceptance Is Needed C. Insolvency Issues in Arbitration C.1 Hungarian Insolvency Law C.2 Impact on the Arbitration Agreement C.2.1 Claims raised by the debtor C.2.2 Claims against the debtor