Ruling of the Supreme Court of Hungary (Magyar Köztársaság Legfelsőbb Bíróság) Ref. No. Gfv. XI.30.003/2008 delivered in 2009
Rationes Decidendi:
Only parties and persons directly concerned by the arbitral award are eligible to demand the annulment of an arbitral award.
A demand for the annulment of an arbitral award cannot be made by a person that has requested participation in the relevant arbitral proceedings (for instance, as a secondary participant) if the person’s request has been rejected.
The right to secondary participation in arbitral proceedings is not one of the constitutionally guaranteed fundamental rights that would have to be respected in every given case. Thus, a person who is not allowed to participate in arbitral proceedings as a secondary participant may not request participation by means of legal action (in this case, an action aimed at the annulment of an arbitral award).
constitutionally guaranteed right
right to demand annulment
secondary participant
fundamental rights
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
