Ruling of the Supreme Court of Hungary (Magyar Köztársaság Legfelsőbb Bíróság) Ref. No. Gfv. XI.30.066/2009 delivered in 2010
Rationes Decidendi:
An arbitrator can resign at any stage of arbitral proceedings. Arbitrators are not entitled to continue proceedings and to issue a decision in the merits if a member of the arbitration tribunal resigns and the parties do not confirm the termination of such an arbitrator’s office or if, in the absence of an agreement, the termination of such an arbitrator’s office is not confirmed by a court.
The delivery of an arbitral award by the remaining members of the arbitration tribunal without complying with the requirement set out in the previous paragraph constitutes grounds for annulling the arbitral award.
resignation of arbitrator
continuation of proceedings
confirmation of resignation by court
confirmation of resignation by parties
delivery of an arbitral award
annulment of arbitral award
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
