Hungary International Arbitration Comparative Guide

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International Arbitration

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Objections to jurisdiction

4.1

When must a party raise an objection to the jurisdiction of the tribunal and how can this objection be raised?

Hungary

Schoenherr Attorneys at Law

Answer ... Such an objection must be raised no later than the time when the party submits its defence. An objection may be raised irrespective of whether the party has already appointed an arbitrator.

For more information about this answer please contact: Alexandra Bognár from Schoenherr Attorneys at Law

4.2

Can a tribunal rule on its own jurisdiction?

Hungary

Schoenherr Attorneys at Law

Answer ... Yes, the tribunal decides on its own jurisdiction.

For more information about this answer please contact: Alexandra Bognár from Schoenherr Attorneys at Law

4.3

Can a party apply to the courts of the seat for a ruling on the jurisdiction of the tribunal? In what circumstances?

Hungary

Schoenherr Attorneys at Law

Answer ... If the tribunal has addressed jurisdiction as a preliminary issue, a party may turn to the regular (state) court within 30 days of receipt of the tribunal’s decision. The tribunal may continue the proceedings and may even adopt a decision in the meantime.

For more information about this answer please contact: Alexandra Bognár from Schoenherr Attorneys at Law

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International Arbitration