HUNGARY Law and Practice Contributed by: Tamás Éless, Sarolta Édua Szabó, Ulrike Rein and Zsolt Farkas, Oppenheim Law Firm
8. Evidence 8.1 Collection and Submission of Evidence There is no specific provision in the Hungarian Arbi - tration Act dealing with the means of evidence the parties may use in the arbitral procedure. Section 36 (5) of the Hungarian Arbitration Act declares that the arbitral tribunal shall not impose fines or other coercive measures on witnesses and experts. Section 39 of the Hungarian Arbitration Act sets out default provisions in relation to the appointment of experts, which are to be applied unless agreed oth - erwise by the parties. In accordance with these rules, the arbitral tribunal may appoint one or more experts to provide an opinion on a matter identified by the arbitration panel that the arbitration panel does not have the specific expertise to assess, and the arbitral tribunal may require either party to provide informa - tion to the expert or to present or make available an exhibit for the purpose of inspection. The expert may be requested to present a written or an oral expert opinion, and to appear at the hearing in order to be questioned by the tribunal, the parties or other experts The Hungarian Arbitration Act does not stipulate spe - cific rules of evidence that apply to arbitral proceed - ings. The general principle is the free evaluation of evidence. In arbitral proceedings governed by the Rules of the Commercial Arbitration Court, Article 40 of the Rules contains specific procedural rules in relation to the taking of evidence. According to these rules, the arbi - tral tribunal is not bound by the parties’ motions for the taking of evidence and may order the taking of evidence even without a motion from the parties to do so. The details of the method of taking witness testi - mony – with specific regard to written witness state - ments possibly to be filed in advance and the taking of oral testimony at a hearing – shall be established during the case management conference and in the procedural order recording the outcome thereof. appointed by the parties. 8.2 Rules of Evidence
• the consequences of a party’s default; and • the rules on expert evidence. 7.2 Procedural Steps Under Hungarian arbitration law, party autonomy is the governing principle in the determination of which rules govern the arbitral procedure, so the Hungarian Arbitration Act does not set out any mandatory pro - cedural steps that are required by law. 7.3 Powers and Duties of Arbitrators The arbitral tribunal has the power to decide on its own jurisdiction and, in the absence of the parties’ agreement, on the law applicable to the merits of the case, on the merits of the case and on the allocation of procedural cost. If the parties have authorised the arbitral tribunal to do so, it may render its decision based on principles of equity. The arbitral tribunal’s competence also includes deciding on the admissibil - ity, relevance and weight of evidence. If the parties did not agree otherwise, the arbitral tribunal has the pow - er to issue interim measures and preliminary orders. It is the arbitrators’ duty to remain independent and impartial throughout the arbitral proceeding, and to disclose any circumstance that might give rise to doubt regarding their impartiality and/or independ - ence. The arbitrators have the duty to treat the parties fairly, and must ensure that each party’s right to be heard is observed. Regarding the adjudication of the legal dispute, the Hungarian Arbitration Act stipulates that the arbitral tribunal shall in all cases make its deci - sion in accordance with the terms of the contract and shall take into account the trade practices applicable to the transaction. 7.4 Legal Representatives The Hungarian Arbitration Act does not stipulate any particular qualifications or other requirements for legal representatives appearing in arbitral proceedings. This means that legal representatives appearing in arbitral proceedings do not necessarily have to have a Hun - garian legal qualification.
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