HUNGARY Law and Practice Contributed by: István Varga and Viktor Előd Cserép, PROVARIS Varga & Partners
14. Outlook 14.1 Proposals for Dispute Resolution Reform Given the overhaul of the law of procedure and the relatively recent entry into force of codes of procedure (including a new Code of Civil Pro- cedure, a new Arbitration Act and a new Code of Administrative Court Procedure) as well as the recent introduction of the so-called limited precedent system and the uniformity complaint, there is currently some uncertainty as to the tim- ing of future reform needs in the dispute resolu- tion system of Hungary. It is to be expected that – as has been the case since the entry into force of the new CCP – modifications necessitated by everyday litigation practice will be continuously on lawmakers’ agendas. 14.2 Growth Areas A continuously developing field is the private enforcement of competition law, with a signifi- cant number of post-cartel damages litigation proceedings still ongoing and reaching the Kúria . These cases are already yielding precedents that have contributed to the development of Hungar- ian law and to the implementation of European standards. Investment claims, whether contractual or trea- ty-based and whether brought before Hungarian courts or arbitral tribunals, may also bring about considerable dispute resolution activity in Hun- gary. Economic relationships involving the State and/or State-owned entities are growing and in industries where investment and factory-build- ing activities are of particular significance, envi- ronment related litigation is an emerging field.
9.5 Enforcement of a Judgment from a Foreign Country ). The Hungarian Arbitration Act provides for only two grounds for the refusal of the enforcement of domestic awards: the non-arbitrability of the subject matter of the dispute and the violation of public policy. Enforcement of Foreign Arbitral Awards Foreign arbitral awards are recognised and enforced in accordance with the New York Con- vention. The same declaration of enforceability must be issued by the competent court as is the case for domestic arbitral awards, but this may be done only once a separate order granting an exequatur has been issued by the court and the latter has become final and binding. In the order granting the exequatur, the court declares that the foreign arbitral award is enforceable in the same way as a domestic arbitral award. The order may be appealed, and the second instance decision on the application for an exequatur may be challenged by means of a request for revision before the Kúria as well.
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