Foreign Public Policy versus Domestic Public Policy and the Execution of Foreign Arbitral Awards

Ruling of the Supreme Court of Hungary (Magyar Köztársaság Legfelsőbb Bíróság) Ref. No. Ffv. XI.22.270/2006 delivered in 2007

Rationes Decidendi:

Foreign arbitral awards may be enforced as domestic arbitral awards based on the New York Convention.
The enforcement of foreign arbitral awards in accordance with the New York Convention is allowable even in cases where reciprocity does not apply.
A violation of a foreign public policy in arbitral proceedings conducted abroad has no effect on the enforceability of an arbitral award in Hungary unless the domestic public policy is violated at the same time (the public policy of Hungary).

keywords
foreign arbitral award
foreign public policy
New York Convention
domestic arbitral award
domesti public policy
public policy in Hungary
enforcement
reciprocity
about the authors

Univ. Professor, Dr.iur., Mgr., Dipl. Ing. oec/MB, Dr.h.c. Lawyer admitted and practising in Prague/CZE (Branch N.J./US), Senior Partner of the Law Offices Bělohlávek, Dept. of Law, Faculty of Economics, Ostrava, CZE, Dept. of Int. and European Law, Faculty of Law, Masaryk University, Brno, CZE (visiting), Chairman of the Commission on Arbitration ICC National Committee CZE, Arbitrator in Prague, Vienna, Kiev etc. Member of ASA, DIS, Austrian Arb. Association. The President of the WJA – the World Jurist Association, Washington D.C./USA.

e-mail: office@ablegal.cz