Right to Present a Case (Right to a Fair Trial); An Arbitral Award Must Be Based on the Facts and Legal Issues Examined in Arbitral Proceedings

Ruling of the Supreme Court of Hungary (Magyar Köztársaság Legfelsőbb Bíróság) Ref. No. Gfv. XI.30.520/2007 delivered in 2008

Rationes Decidendi:

An arbitral award may be annulled if an arbitration tribunal delivers a ruling on a factual or legal basis that was not included in the complaint in consequence of which a party is unable to present its arguments.

keywords
purchase price
purchase agreement
right of a party to present its case
facts of a case
purchase price payment terms
legal status
fair trial
deliberation of arbitration tribunal
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