Blog » WE TOOK PART IN THE ‘HEARING PROJECT’ OF INTERNATIONAL COUNCIL FOR COMMERCIAL ARBITRATION
WE TOOK PART IN THE ‘HEARING PROJECT’ OF INTERNATIONAL COUNCIL FOR COMMERCIAL ARBITRATION
10 March 2021
Our managing partner, dr.Richard Schmidt has recently participated as national reporter in a project, launched by the International Council for Commercial Arbitration, focusing on the legality of remote hearings in international arbitration.
The coronavirus affects every branch of the law, and international arbitration is not an exception. To preserve rapidity, as one of the most important advantages of arbitration in comparison with state court litigation, remote hearings or e-hearings become more and more crucial in arbitral proceedings, yet their legality is not unequivocal in every jurisdiction.
This is the reason why the International Council for Commercial Arbitration decided to launch a project in September 2020 with the following title: Does a Right to a Physical Hearing Exist in International Arbitration?
The project has been co-edited by Giacomo Rojas Elgueta (D|R Arbitration), James Hosking and Yasmine Lahlou (Chaffetz Lindsey LLP), who coordinated the work of the national reporters from 86 New York Convention Jurisdictions.
Our Managing Partner, dr.Richard Schmidt contributed to the project as national reporter for Hungary, which is a member state of the New York Arbitration Convention for 60 years.
The national report for Hungary, prepared by Richard has been published by the ICCA on 8th February 2021 together with another 21 reports from various jurisdictions.
The Hungarian national report analyses the legality of remote hearings in arbitral proceedings in two scenarios: in case the parties have not expressly excluded the possibility of remote hearings, and when they expressly agreed that physical hearings shall be held in the arbitration.
Besides examining the relevant legal sources, the national report encompasses the relevant legal literature and decisions of Hungarian courts in setting aside and recognition & enforcement proceedings.
The national report can be freely accessed and downloaded from the website of the ICCA, by clicking here. https://www.arbitration-icca.org/right-to-a-physical-hearing-international-arbitration
Hungary: Steps Towards Differentiating Between Domestic and International Procedural Public Policy
Drawing a well-defined line of demarcation between domestic and international public policy when enforcing foreign arbitral awards sends a clear pro-arbitration message from national courts in any jurisdiction. Does Hungarian case law come close to this level of sophistication? This post analyses this question in the context of procedural public policy, and it does so based on two recent appellate court decisions rendered in the context of enforcement of arbitral awards in accordance with the New York Convention.Read more »
EU ISSUED NEW GDPR STANDARD CONTRACTUAL CLAUSES – WHEN AND HOW TO USE THEM?
During summer 2021, the European Commission published two new "standard contractual clauses" on data protection regulation, which can be applied on the one hand, to the legal relationship between data controllers and data processors covered by the GDPR , and to the transfers of personal data to third countries, on the other. In this article, we answer the questions: what these SCCs regulate, how do they differ from the previous SCCs and how can your company use the new SCCs?Read more »
CAN THE NON-COMPETITION AGREEMENT BE VALID WITHOUT A PRECISE COMPENSATION IN HUNGARY?
The non-compete agreement may provide protection of the legitimate economic interests of the employer even after the termination of employment relationship. However, the Hungarian Labour Code lays down strict requirements for the agreement. In our article we analyse a recent decision of the Supreme Court about the importance of the precise determination of the compensation, so you as an employer can conclude a valid non-compete agreement.Read more »