Statement – special proceedings before the Arbitration Court in case of continuous contractual relationships
The Arbitration Court attached to the Hungarian Chamber of Commerce and Industry takes responsible measures in order to mitigate the impacts of COVID 19 on economy, to ease the burden of the enterprises when it comes to dispute resolution.
Under the extraordinary circumstances caused by the COVID 19 pandemic disputes concerning long-lasting contractual relationships, lease contracts, the payments of rents and dues according to contract require the possibility of especially prompt dispute resolution in numerous cases. In many contracts the HCCI Arbitration Court is stipulated as the forum of dispute resolution, however, failing an existing arbitration clause, there is also a possibility for the parties to submit themselves, for the quick resolution of the dispute, with a separate written arbitration agreement to the exclusive and final decision of the Permanent Arbitration Court attached to the Hungarian Chamber of Commerce and Industry. In order to resolve the dispute as soon as possible, the application of the provisions pursuant to Annex 1 of the Rules of Proceedings – Sub-Rules of Expedited Proceedings – is advised and explicitly recommended. The order of proceedings, the course and schedule of decision making are transparent and open to the public on the website of the Arbitration Court, providing clear information to the parties. The Arbitration Court may take also prompt measures in the form of interim measure by order, in order to foster a quick resolution.
As regards new cases, administration, and case management, respectively, is going on in accordance with the provisions of the Rules of Proceedings. Arbitral tribunals get constituted, and also under the present circumstances they come to terms with the parties as to the applicable procedural rules, making use of the flexible frames of the proceedings. Time limits are determined or modified also during the course of expedited proceedings as mutually agreed by the parties and the tribunals. Our arbitrators, Secretariat, the Presidium and the President are all committed to provide continuous and flexible service for the parties, having a long-lasting contractual relationship, to resolve their disputes.
As regards proceedings, information about detailed procedural rules is available on the website of the Arbitration Court.
For further inquiry please turn to Mrs. József Lukács dr., Head of the Secretariat, at e-mail address firstname.lastname@example.org or on mobile number +36-20-484-14-13.
In times of state of danger caused by the COVID 19 pandemic
the provisions of the Rules of Proceedings shall apply with the following derogations:
The statement of claim and the statement of defence shall be submitted to the Arbitration Court in electronic form (by e-mail), and also by mail in hard copy, in a number of copies sufficient to provide one copy for the other party(/ies), the arbitrators and one copy for the Arbitration Court. The date of submission shall be the date of receipt in electronic form (by e-mail).
In case the parties agree upon expedited proceedings, the total arbitration fee shall be advanced by the claimant.
The statement of claim shall be delivered by the Arbitration Court to respondent in the first place in electronic form (by e-mail), given that claimant indicated the respondent’s (correct) e-mail address, failing which the statement of claim will be delivered only by mail.
If the arbitral tribunal deems it necessary that procedural issues – especially issues of communication – be determined first, the case management conference shall be held without personal participation in a meeting / hearing, by means of telecommunication. The arbitral tribunal may also invite the parties to submit further written statements.
In times of the state of danger the arbitral tribunals and the parties shall be in contact by means of telecommunication, correspondence shall be made by e-mail as a general rule. The receipt of documents sent by e-mail shall be confirmed both by the arbitrators and the parties.
The Arbitration Court and its arbitral tribunals perform any procedural acts requiring personal presence by means of telecommunication only, provided that all the necessary technical conditions can be ensured mutually by the Arbitration Court, the arbitral tribunal and the parties. If the arbitral tribunal holds a hearing on-line, a simultaneous sound recording shall be made and the arbitral tribunal shall send electronically the version put down on paper to the Arbitration Court and to the parties as soon as possible but within 15 days at the latest.
The pandemic shall not affect the course of time limits.
In times of the pandemic the parties may mutually request the stay of the proceedings.
The written arbitral award shall be signed by the members of the arbitral tribunal, and the signed award shall be sent by mail, and in scanned form also electronically by e-mail to the Arbitration Court. On arrival of the last signature the Arbitration Court shall attest the original text of the award. The original copy shall be filed among the documents of the case, and the attested copies shall be delivered to the parties.
Budapest, 8 April, 2020
Dr. János Burai-Kovács
President of the Arbitration Court