Ruling of the Supreme Court of Hungary (Magyar Köztársaság Legfelsőbb Bíróság) Ref. No. Gfv. XI.30.226/2005 delivered in 2006
Rationes Decidendi:
In arbitral proceedings, it is permissible to restrict some constitutional rights with regard to the process of law finding. Public policy violation only as an especially serious violation of rights.
Arbitration restricts or excludes, in a constitutionally conforming manner, certain fundamental rights guaranteed by the constitution with regard to legal protection.
An assertion claiming the absence of fair and impartial trial in arbitration does not mean that the public policy of [Hungary] has been violated at the same time.
A violation of fundamental rights may represent a violation of the public policy of [Hungary]. However, a violation of public policy is committed only if fundamental legal principles are violated.
impartiality
public policy violation
violation of fundamental rights
legal protection
fair trial
constitutional law
public policy
waiver of right
fundamental rights
fundamental legal principles
annulment of arbitral award
gross violation
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
