Discontinuance of Court Litigation due to the Existence of a Valid Arbitration Agreement; Dismissal of Court Action in Respect of a Decision on the Merits

Ruling of the Supreme Court of Hungary (Magyar Köztársaság Legfelsőbb Bíróság) Ref. No. Gfv. XI.30.252/2007 delivered in 2009

Rationes Decidendi:

A court without delay dismisses a request as soon as it ascertains that an agreement [main agreement] contains a valid arbitration clause.
A court does not have jurisdiction to settle any legal issues relating to such a legal relationship.

keywords
dismissal of complaint by a court
legal issues
arbitration clause
main agreement
prohibition of court litigation in respect of a case
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