Court Decisions

The court decisions available on this website interpret and apply the New York Convention. These court decisions are in most cases published in the Yearbook Commercial Arbitration since its Volume I (1976). 

Search options:

Court Decisions Search Engine

The court decisions available on this website interpret and apply the New York Convention.

  1. Most decisions are reported in the Yearbook Commercial Arbitration, published by ICCA since 1976, and are numbered as in the Yearbook (e.g., US no. 954).

  2. Other decisions are indicated by country, date, and a short name (e.g., UK 18 June 2020 Alexander Brothers).

Court decisions can be searched by country and by topic.

Court Decisions

Search Court Decisions

  • Excerpt Topics
    HUNGARY 16

    Ítélőtábla, Debrecen, date not indicated, Decision No. Gpkf.III.30.260/2018/4, Publication No. BDT2018. 3945

    (Parties not indicated)

    401

    The court discusses the general conditions the Convention imposes on a petitioner for seeking recognition and enforcement of an arbitral award – namely, the submission of the original arbitration agreement or arbitral award or a certified copy thereof – and examines in general whether these conditions were complied in the case at issue.

    Conditions to be fulfilled by petitioner in general
    503

    The court discusses the burden of proof of the grounds for refusing enforcement under the Convention.

    Burden of proof on respondent
  • Excerpt Topics
    HUNGARY 1

    Hungary 1. Parties not indicated, Legfelsőbb Bíróság, Case No. Pf. I. 25.011/2002, Publication No. BH2004.1.19, Date not indicated

    101

    The court discusses the determination and relevance of the place where the award was made (in a foreign State or another contracting State.

    Award made in the territory of another (Contracting) State (paragraphs 1 and 3 - first or "reciprocity" reservation)
    107

    The court discusses the relevance and determination of the commercial nature of the relationship underlying the award, including in the context of contractual and non-contractual relations.

    Second reservation ("commercial reservation") (paragraph 3)
    401

    The court discusses the general conditions the Convention imposes on a petitioner for seeking recognition and enforcement of an arbitral award – namely, the submission of the original arbitration agreement or arbitral award or a certified copy thereof – and examines in general whether these conditions were complied in the case at issue.

    Conditions to be fulfilled by petitioner in general
  • Excerpt Topics
    HUNGARY 7

    Hungary 7. Parties not indicated, Kúria, Case No. Pfv. I. 21.361/2014, Publication No. BH+ 2015.5.209, 19 November 2014

    502

    The court discusses the principle that the merits of the award may not be reviewed and that the court may only carry out a limited review of the award to ascertain grounds for refusal.

    No re-examination of the merits of the arbitral award
    508 Ground b: Violation of due process in general
    512 Ground c: Excess by arbitrator of his authority - Excess of authority
  • Excerpt Topics
    HUNGARY 6

    Hungary 6. C Industrial Products BV v. Limited Liability Company G & G and G.S., Kúria, Case No. Gfv. X. 30.027/2011, Publication No. BH+ 2013.1.31, 4 July 2011

    502

    The court discusses the principle that the merits of the award may not be reviewed and that the court may only carry out a limited review of the award to ascertain grounds for refusal.

    No re-examination of the merits of the arbitral award
    512 Ground c: Excess by arbitrator of his authority - Excess of authority
    516

    Award not binding, suspended or set aside: The court discusses the difference between the exclusive jurisdiction to set aside an award (primary jurisdiction), which belongs to the courts of the country of origin of the award, and the jurisdiction of all other courts to recognize and enforce the award (secondary jurisdiction); issues relating to the determination of the “competent authority”; and whether an award that has been set aside in the country of origin can be enforced in another State under the Convention.

    "Set aside"
    517

    Award not binding, suspended or set aside: The court discusses the meaning of an award having been “suspended” in the country of origin, including when the award has been suspended by operation of law rather than by a court decision.

    "Suspended"
  • Excerpt Topics
    HUNGARY 5

    Hungary 5. Parties not indicated, Legfelsőbb Bíróság, Case No. Pfv. XI. 22.270/2006, Publication No. BH 2007.4.130, Date not indicated

    502

    The court discusses the principle that the merits of the award may not be reviewed and that the court may only carry out a limited review of the award to ascertain grounds for refusal.

    No re-examination of the merits of the arbitral award
    518

    Public policy: The court discusses the meaning of (international as compared to domestic) public policy, generally defined as the basic notions of morality and justice of the enforcement State.

    Paragraph 2 - Distinction domestic-international public policy
  • Excerpt Topics
    HUNGARY 13

    Hungary No. 13. Not indicated v. Not indicated, Ítélőtábla [Regional Court of Appeal], Debrecen, Decision No. l Pkf. III. 20.503/2005/2, Publication No. 2006. 1315, date not indicated

    Ítélőtábla, Debrecen, date not indicated, Decision
    no. l Pkf. III. 20.503/2005/2, Publication No. 2006. 1315 

    Not indicated v. Not indicated

    503

    The court discusses the burden of proof of the grounds for refusing enforcement under the Convention.

    Burden of proof on respondent
    511

    Due process: The court discusses various irregularities affecting due process, including letters not sent, names of arbitrators or experts not communicated, language of proceedings and communications, etc.

    "Otherwise unable to present his case"
  • Excerpt Topics
    HUNGARY 3

    Hungary 3. Parties not indicated, Fővárosi Ítélőtábla, Budapest, Case No. 3. Pf. 25.298/2004, Publication No. BH 2004.9.369, Date not indicated

    107

    The court discusses the relevance and determination of the commercial nature of the relationship underlying the award, including in the context of contractual and non-contractual relations.

    Second reservation ("commercial reservation") (paragraph 3)
  • Excerpt Topics
    HUNGARY 2

    Hungary 2. Parties not indicated, Legfelsőbb Bíróság, Case No. Gpkf. VI. 32.457/2002, Publication No. BH 2004.7.285, Date not indicated

    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
    HUNGARY 4

    Hungary 4. Parties not indicated, Legfelsőbb Bíróság, Case No. Pf. I. 26.788/2002, Publication No. BH 2004.416, Date not indicated

    406

    The court discusses issues relating to the requirements of the translation (translation by sworn translator, translation of entire award etc.) and whether a translation is necessary.

    Translation (paragraph 2)
    503

    The court discusses the burden of proof of the grounds for refusing enforcement under the Convention.

    Burden of proof on respondent
    511

    Due process: The court discusses various irregularities affecting due process, including letters not sent, names of arbitrators or experts not communicated, language of proceedings and communications, etc.

    "Otherwise unable to present his case"
  • Excerpt Topics
    HUNGARY 11

    Hungary No. 11. Not indicated v. Not indicated, Legfelsőbb Bíróság [Supreme Court], Decision No. Gpkf.VI.32.073/2001, Publication No. EBH2002.773, date not indicated

    Legfelsőbb Bíróság, date not indicated, Decision
    No. Gpkf.VI.32.073/2001, Publication No. EBH2002.773 

    Not indicated v. Not indicated

    404

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

    Authentication and certification
    406

    The court discusses issues relating to the requirements of the translation (translation by sworn translator, translation of entire award etc.) and whether a translation is necessary.

    Translation (paragraph 2)
    HUNGARY 12

    Hungary No. 12. Not indicated v. Not indicated, Legfelsőbb Bíróság [Supreme Court], Decision No. Pf. I. 26.724/2001, Publication No. 2003.12.505, date not indicated

    Legfelsőbb Bíróság, date not indicated, Decision
    No. Pf. I. 26.724/2001, Publication No. 2003.12.505 

    Not indicated v. Not indicated

    502

    The court discusses the principle that the merits of the award may not be reviewed and that the court may only carry out a limited review of the award to ascertain grounds for refusal.

    No re-examination of the merits of the arbitral award
    511

    Due process: The court discusses various irregularities affecting due process, including letters not sent, names of arbitrators or experts not communicated, language of proceedings and communications, etc.

    "Otherwise unable to present his case"
    524

    Public policy: The court discusses the effect of other alleged violations of public policy on the recognition and enforcement of an arbitral award, such as contradictory reasons, manifest disregard of the law (US), etc.

    Other cases
  • Excerpt Topics
    HUNGARY 9

    Hungary No. 9. Ph. Kereskedőház Kft (Hungary) v. LenersanPoortman B.V. (Netherlands), Legfelsőbb Bíróság [Supreme Court], Decision No. Gpkf. VI. 31.384/1998, Publication No. BH1999.223, date not indicated

    Legfelsőbb Bíróság, date not indicated,
    Decision No. Gpkf. VI. 31.384/1998, Publication
    No. BH1999.223 

    Ph. Kereskedőház Kft  v. LenersanPoortman B.V.

    401

    The court discusses the general conditions the Convention imposes on a petitioner for seeking recognition and enforcement of an arbitral award – namely, the submission of the original arbitration agreement or arbitral award or a certified copy thereof – and examines in general whether these conditions were complied in the case at issue.

    Conditions to be fulfilled by petitioner in general
    HUNGARY 10

    Hungary No. 10. Not indicated v. Not indicated, Legfelsőbb Bíróság [Supreme Court], Decision No. Gpkf. VI. 31.405/1998, Publication No. 1999.270, date not indicated

    Legfelsőbb Bíróság, date not indicated, Decision No.
    Gpkf. VI. 31.405/1998, Publication No. 1999.270 

    Not indicated v. Not indicated

    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
  • Excerpt Topics
    HUNGARY 8

    Hungary No. 8. Not indicated v. Not indicated, Legfelsőbb Bíróság [Supreme Court], Decision No. IV. 23.019/1995, Publication No. BH.1996.375, date not indicated

    Legfelsőbb Bíróság, date not indicated,
    Decision No. IV. 23.019/1995, Publication No. BH.1996.375

    Not indicated v. Not indicated

    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
    514 Ground e: Award not binding, suspended or set aside - "Binding"