HUNGARY 18

Kúria, 4 October 2023, Gfv.V.30.412/2023/3

(Creditor v. Debtor)

04 - 10 - 2023

HUNGARY 18

Yearbook Yearbook Commercial Arbitration, S. W. Schill (ed.), Vol. XLIX (2024)
Jurisdiction Hungary
Original full text Full text decision HUNGARY 18
Excerpt Excerpt decision HUNGARY 18
Summary

The Supreme Court remanded the case to the appellate court, which had granted recognition of an award rendered in England, with the instruction to obtain a notarized copy of the arbitration clause between the parties, in order to comply with the requirement of the New York Convention.
Related topics
301

The court discusses the principle that the procedure for the enforcement of awards under the Convention is governed by the lex fori, as well as procedural issues (such as the competent enforcement court) not falling under the specific cases of ¶¶ 302-307.

Procedure for enforcement in general
403

The court discusses issues relating to the requirement to supply the original arbitration agreement or a copy thereof to prove the prima facie validity of the arbitration agreement, as well as the application of more favorable municipal laws that do not provide for this requirement.

 Original or copy arbitration agreement
404

The court discusses issues relating to the manner of authentication and certification of the award and/or arbitration agreement.

Authentication and certification
504 Paragraph 1 - Ground a: Invalidity of the arbitration agreement - Agreement referred to in Art. II
512 Ground c: Excess by arbitrator of his authority - Excess of authority
HUNGARY 18