Qualified Violation of Fundamental Rights as a Violation of Public Policy (Ordre Public); Parties to Proceedings on the Annulment of an Arbitral Award; Prohibition to Examine New Evidence in Annulment Proceedings

Ruling of the Supreme Court of Hungary (Magyar Köztársaság Legfelsőbb Bíróság) Ref. No. (in two aggregated cases) Gfv. XI.30.016/2008 delivered in 2009

Rationes Decidendi:

It is not necessary that all the parties to arbitration take part in proceedings on the annulment of an arbitral award.
Proceedings on the annulment of an arbitral award may not include the examination of new evidence that has become available only after the delivery of the arbitral award.
An arbitral award that is contrary to the law does not automatically means a violation of public policy (ordre public). Public policy is violated only by an arbitral award that violates fundamental rights or fundamental society interests protected by law.
An arbitration clause agreed for rights set out in an agreement (in this case, a share sale and purchase agreement) also applies to disputes related to the termination of the agreement.

keywords
evidence in annulment proceedings
new evidence
arbitral award
conflict with law
share sale and purchase agreement
parties to annulment proceedings
public policy
ordre public
interests protected by law
society interests
fundamental rights
annulment of arbitral award
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