Hungarian Arbitration Association’s Post

🔎 In a recently published judgment, the Supreme Court addressed the issue of enforcement of foreign arbitral awards in Poland. The party applied for enforcement in Poland of an ICC award issued in 2018 between a German and a Polish company. The Court of Appeal refused to enforce the award on the grounds that the applicant had not submitted the original arbitration agreement or a duly certified copy thereof, but rather a scanned copy of the agreement. The Court of Appeal found this to be insufficient and refused enforcement on this basis. Interestingly, the Supreme Court took the opposite view and reversed the decision of the Court of Appeal.  This article summarises the position adopted by the Supreme Court and provides the authors' comments on the arguments presented therein.    Check out the 📝#article titled „POLAND | Recent Supreme Court case law on enforcement of arbitral awards” published on the Chambers and Partners website, authored by Maciej Durbas and Angelika Ziarko.   Click here to read the article ➡️ https://lnkd.in/dHRbHNtW   #MaciejDurbas #AngelikaZiarko

In the current AJP 1/2025, 61 et seq., Marco Stacher and I discuss the judgment of the Federal Supreme Court 4A_621/2023 of August 6, 2024 (publication in German). We analyze whether a court seized with the recognition and enforcement has the option of reviewing a "Lugano judgment" for potential disregard of an arbitration agreement and, based on that, refuse recognition and enforcement and conclude that neither the Lugano Convention nor the New York Convention provide grounds to do so. The exceptions to the principle of automatic recognition pursuant to Article 33 Lugano Convention are listed in Art. 34 et seq. Lugano Convention and to be interpreted narrowly. The background was (in short) that a court in Switzerland was confronted with the recognition and enforcement of a court decision from Slovenia, i.e., a Lugano Convention state. Before that both an arbitral tribunal based in Slovenia and a Swiss state court had denied jurisdiction, the latter based on the arbitration clause in favor of arbitration in Slovenia. #InternationalDisputes #Enforcement #Arbitration

The Rise of the English Jurisdiction as Europe's Leading Venue for Arbitration Award Enforcement Against Recalcitrant EU States. Josep Galvez, FCIArb exposes the rising prominence of the English courts as the go-to venue for enforcing arbitration awards, especially against our often recalcitrant EU neighbours. 📄In this article, Josep reflects on how English jurisdiction, like the rolling hills of our timeless countryside, stands firm and unshaken in the face of Europe’s increasingly convoluted legal quagmire. While our continental counterparts, driven by the CJEU’s decisions in cases such as Achmea and Komstroy, twist and turn to uphold bureaucratic diktats, our courts remain immovable—much like the ancient oaks guarding our green and pleasant land. https://shorturl.at/hNCdJ

Are you looking to participate in the 13. Baltic Arbitration Days conference, but haven't registered yet? Now is the time to secure your spot at this important event for legal professionals in the Baltics and beyond. Be sure to register soon by clicking on https://lnkd.in/eUbDWuw Take advantage of the lower registration fee by registering now, as the regular fee will only be available for registrations up to and including May 20th. #BalticArbitrationDays #LegalConference #Riga #Jurmala #Latvia #Lithuania #Estonia #Baltics #Arbitration

💡 Did you know that the UIA Union Internationale des Avocats used to have a Czechoslovak President? 📣 It was in the years 1936-1937. It was Mr Alois Stompfe, lawyer and former President of the Czech Bar Association (ČAK - Česká advokátní komora). #czech #history #czechoslovak #uia #lawyers #international #legalnews

🎉 💡 The Netherlands Arbitration Review (#TvA) has published a special celebratory edition in honour of founding partner Albert Jan van den Berg inspired by his “thought-provoking triptych” keynote speech delivered on the occasion of the 2023 NAI Annual General Meeting on judgements of the Netherlands Supreme Court on a-national awards Article III NYC and non-discrimination and enforcement of annulled awards .   💡 In this special edition, Albert Jan was given the opportunity to respond to comments (Réplique) by some of his “amici arbitri”, Prof. Dr. Filip De Ly, Mr. Jeroen van Hezewijk, Prof. Dr. Gerard Meijer, Prof. Dr. Niek Peters, Prof. Jan Paulsson and Prof. Marike Paulsson on respective parts of his keynote speech.   💡 You may access the full issue here: https://lnkd.in/eDAPxJH6. We assure you that you will not be disappointed. In the words of Prof. Dr. H.J. Snijders, “Albert Jan has never minced words and this is no exception.”   #NewYorkConvestion #internationalarbitrations #anationalawards 

Courage is a virtue. Let me try and be a couragious Paris-based international arbitration practitionner today. Arbitral Tribunal's Terms of Reference are a waste of time. There. I said it. 🙈 🙉 🙊 #arbitration #arbitral #tribunal #internationalarbitration #termsofreference

Jose Martinez de Hoz of Martinez de Hoz & Rueda (MHR) will be speaking at the Institute for Transnational Arbitration- Asociación Latinoamericana de Arbitraje - ALARB 𝐀𝐦𝐞𝐫𝐢𝐜𝐚𝐬 𝐖𝐨𝐫𝐤𝐬𝐡𝐨𝐩. Jose will moderating in the panel "𝐓𝐡𝐞 𝐌𝐨𝐬𝐭 𝐑𝐞𝐜𝐮𝐫𝐫𝐢𝐧𝐠 𝐂𝐨𝐧𝐭𝐫𝐚𝐜𝐭𝐮𝐚𝐥 𝐈𝐬𝐬𝐮𝐞𝐬 𝐢𝐧 𝐀𝐫𝐛𝐢𝐭𝐫𝐚𝐭𝐢𝐨𝐧 𝐑𝐞𝐥𝐚𝐭𝐞𝐝 𝐭𝐨 𝐂𝐨𝐧𝐜𝐞𝐬𝐬𝐢𝐨𝐧 𝐀𝐠𝐫𝐞𝐞𝐦𝐞𝐧𝐭𝐬", which will answer the question "What are the issues that are most frequently discussed in the arbitration of contractual disputes related to concession agreements?". To view the full program, and to register for the workshop, click here: https://lnkd.in/entqndRR

Arbitration in the Nordics has seen significant growth and development in recent years. Institutional arbitration, especially through organisations like the Arbitration Institutes of the Stockholm Chamber of Commerce and the Finland Chamber of Commerce, has become increasingly popular. These institutions offer well-established rules and procedures, as well as experienced arbitrators, which enhance the credibility and efficiency of arbitration proceedings. The Arbitration Powerlist: Nordics 2024 showcases the leading practitioners working in Denmark, Finland, Iceland, Norway and Sweden. View the edition now at https://lnkd.in/eSpjp7HZ #ppp #legal500 #nordics #arbitration

🚢 Just returned to Frankfurt from the Spring Conference of the Deutsche Institution für Schiedsgerichtsbarkeit (DIS) German Arbitration Institute hosted in Hamburg this year. This year’s theme focused on "Vertrauen ist gut, Kontrolle ist besser? Der Schutz der prozessualen Integrität des Schiedsverfahrens" (Trust is good, but is control better? Protecting the procedural integrity of arbitration proceedings). ⚖️ The conference provided a platform for rich discussions on the balance between trust and control in #arbitration. 🖇️ Highlights included engaging panel discussions and the opportunity to network with peers dedicated to the progression of arbitration. #Arbitration #InternationalArbitration #DISVeranstaltung