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effective as of April 1, 2000
I. GENERAL PROVISIONS
Art. 1. Jurisdiction of the Court
of Arbitration
(1) The jurisdiction of the Court
of Arbitration (hereinafter: "Arbitration Court") encompasses the
settlement of all disputes where
(a) at least one of the parties is
a natural or legal person dealing professionally with economic activity, and
the legal dispute is in connection with this activity,
(b) the parties may freely dispose
of the subject-matter of the proceedings, and
(c) the jurisdiction of the
Arbitration Court was stipulated in an arbitration agreement or is required by
an international convention.
(2) The jurisdiction of the
Arbitration Court does not encompass the settlement of disputes in which:
- no domestic legal rule permits
the stipulation of the jurisdiction of the Arbitration Court or
- a domestic legal rule refers the
settlement of the dispute to the jurisdiction of ordinary courts or other
authorities.
(3) An "arbitration
agreement" is an agreement by the parties to submit to the Arbitration
Court their disputes which have arisen or which may arise between them in
respect of a defined legal relationship, whether contractual or not.
(4) An arbitration agreement may be
in the form of an arbitration clause in a contract or in the form of a separate
agreement. The arbitration agreement shall be in writing. An agreement shall
also be deemed to be in writing, if it has been entered into by an exchange of
letters, telegrams, telex or any other means of telecommunication which provide
a permanent record of the agreement. It shall also be deemed to be an
arbitration agreement in writing, if one of the parties states in his statement
of claim, and the other party does not deny in his statement of defence that an
arbitration agreement was entered into between them. The reference in a contract
entered into in writing to a document containing an arbitration clause shall
constitute an arbitration agreement, provided that the arbitration clause
contained in such document constitutes a part of the contract.
(5) It is not in conflict with a
stipulation of jurisdiction of the Arbitration Court and does not imply a
renouncement of said jurisdiction if either party resorts to an ordinary court
in order to have temporary or protective decisions issued. A party acting in
this manner must inform the Arbitration Court without delay of the filing of
any such claim and any decisions issued on the basis of the claim.
(6) The Arbitration Court considers
the existence of its jurisdiction on its own motion. The jurisdiction of the
Arbitration Court includes the ability to determine the existence or lack of
its own jurisdiction and furthermore, to judge an objection concerning the
existence or the validity of an agreement to submit a legal dispute to
arbitration. To this end, an agreement to submit a legal dispute to arbitration
forming part of the contract shall be considered as an agreement independent of
other stipulations of the contract. A decision of the Arbitration Court
according to which a contract is considered as invalid does not imply 'ipso
iure' the invalidity of an agreement to submit a legal dispute to arbitration.
(7) All objections concerning the
jurisdiction of the Arbitration Court shall be made no later than
simultaneously with the submission of the statement of defence. The fact that a
party has appointed an arbitrator shall not prevent it from making an objection
to the jurisdiction of the Arbitration Court.
(8) The Arbitration Court usually
judges separately and as a preliminary issue objections filed concerning its
jurisdiction. However, the Arbitration Court is also authorized to pursue the
proceedings and to include remarks concerning any objections in its decision
resolving the dispute.
(9) If the Arbitration Court finds
a lack of jurisdiction on its part, it shall rule to cease the proceedings.
Art. 2. Organization of the
Arbitration Court
(1) The Arbitration Court consists
of:
- the President
- the Presidium
- the county divisions and
- the Secretariat.
(2) The Hungarian Chamber of
Commerce and Industry ensures the personnel and the technical facilities
necessary for the operation of the Arbitration Court.
Art. 3. The President and the
Presidium of the Arbitration Court
(1) The President of the
Arbitration Court shall be elected and removed by the Assembly of the Delegates
of the Hungarian Chamber of Commerce and Industry upon the proposal of the
Presidium of the Arbitration Court from Hungarian nationals listed in the roll
of arbitrators.
(2) The President of the
Arbitration Court represents the Arbitration Court in its domestic and foreign
affairs.
(3) The President of the
Arbitration Court may be elected the presiding arbitrator of the arbitral tribunal
or an arbitrator in the same manner and on the same conditions as the other
arbitrators listed in the roll of arbitrators are elected. Upon such election,
however, the President of the Arbitration Court may not, in connection with the
specific case, perform his duties arising under this Rules of Procedure nor is
he allowed to exercise his rights as President. If the necessity therefor would
nevertheless arise, the Presidium of the Arbitration Court shall act in place
of the President.
(4) The Presidium of the
Arbitration Court shall be elected by the arbitral body from the Hungarian
arbitrators listed in the roll of arbitrators. The President of the Arbitration
Court shall be a member of the Presidium of the Arbitration Court. The
Presidium of the Arbitration Court assists the President of the Arbitration
Court and may express its opinion on all matters relating to the operation of
the Arbitration Court, excluding the legal disputes heard by the Arbitration
Court.
Art. 4. Arbitrators
(1) Any Hungarian or foreign
national, whether or not listed in the roll of arbitrators, who:
- declares in writing to the
Arbitration Court that he undertakes to perform the arbitrator's functions
according to the present Rules of Procedure;
- is independent and unprejudiced
and declares these facts in writing to the Arbitration Court;
- commands the necessary level of
legal, economic and other knowledge to enable him to resolve legal disputes
falling under the jurisdiction of the Arbitration Court;
- possesses the required language
skills; and
- does not fall under the
limitations set forth in the provisions of § 12 of Act LXXI of 1994 on
arbitration may be appointed an arbitrator.
(2) The Arbitration Court, for the
purpose of informing the clients, shall compile a roll of arbitrators and make
it public. The Assembly of the Delegates of the Hungarian Chamber of Commerce
and Industry shall, upon the proposal of the Presidium of the Arbitration
Court, select the arbitrators to be listed in the roll of arbitrators from
among persons who command legal, economic and other knowledge necessary for the
resolution of legal disputes by arbitration. The roll of arbitrators is
drawn-up for a five-year period and shall include at least 25 and at most 100
persons. The arbitrators may be re-elected for further term(s) of five years
each. The roll of arbitrators may include Hungarian and foreign nationals
alike. The roll of arbitrators shall contain the given and family name,
profession, qualification, degree, academic title and language skill of each
arbitrator.
(3) In discharging their duties,
the arbitrators shall be independent and unbiased and shall not represent
either party. In the course of the proceedings, they must not accept
instructions and shall retain in strict confidence, also after the completion
of the proceedings, the circumstances they have addressed while discharging
their duties. The arbitrators may not provide information nor may they make any
statement in respect of any case which has been closed or which is in progress.
(4) In specific cases, there shall
be either a tribunal of three arbitrators or a sole arbitrator. The formation
of the arbitral tribunal or the appointment of the sole arbitrator shall occur
according to the present Rules of Procedure. The functions of a sole arbitrator
are identical with those of an arbitral tribunal.
Art. 5. Divisions of the
Arbitration Court
(1) Upon the satisfaction of the
conditions relating to personnel and technical facilities determined by Act
LXXI of 1994 and the Rules of Procedure of the Arbitration Court, the Presidium
of the Hungarian Chamber of Commerce and Industry, in agreement with the
Presidium of the Arbitration Court, shall establish the county division upon
the proposal of the county chamber of commerce and industry. The division shall
constitute a body of the Arbitration Court attached to the Hungarian Chamber of
Commerce and Industry. The division may be dissolved by the same procedure
which was used for the establishment thereof.
(2) The division shall have the
following tasks:
(a) It shall, on its own
operational territory, introduce arbitration, the characteristics, the
conditions and the operational systems of the arbitral proceeding and, in
respect thereof, assist the persons who request such assistance.
(b) The county division of the
Arbitration Court attached to the Hungarian Chamber of Commerce and Industry
shall hear a case, if
- the seat (residence) of the
domestic parties is located in the county in which the division operates and
the parties have so provided in the arbitration agreement (stipulation) or - at
a well-grounded request of the parties, submitted simultaneously (but not later
than the arrival of the statement of defense) with the statement of claim or
the statement of defense, the Presidium of the Arbitration Court consents
thereto.
(c) The division shall ensure the
conditions necessary for the conduct of the proceeding (room for the hearing,
computer, person taking the minutes).
(3) Upon establishment of the
county division, the Presidium of the Arbitration Court shall initiate at the
Assembly of the Delegates, upon the proposal of the county of chamber of
commerce and industry, the approval of the roll of arbitrators, in the nature
of a proposal, of the division.
Art. 6. The Secretariat
The Secretariat shall discharge the
administration of the Arbitration court as well as other duties according to
the present Rules of Procedure.
Art. 7. Seat of the Arbitration
Court, Place of Hearings
(1) The seat of the Arbitration
Court is in Budapest.
(2) The place of the hearings is in
Budapest at the Headquarters of the Hungarian Chamber of Commerce and Industry.
The arbitral tribunal may, if necessary, conduct hearings at another place.
Art. 8. Filing of Documents
(1) All documents pertaining to the
institution at the initiation or in the course of proceedings shall be
submitted in that number of copies which enables each party and each
interpleader to be provided with one copy and the Arbitration Court with four
copies.
(2) The documents referred to in
paragraph (1) shall be submitted in the language which the parties determined
for the proceedings. (Paragraph (1) of Art. 9.)
(3) If no such determination was
made, the documents shall, until the arbitral tribunal determines the language
of the proceedings according to paragraph (3) of Art. 9., be submitted either
in the Hungarian, the German or the English language depending on the decision
of the Arbitration Court.
(4) The Secretariat of the
Arbitration Court conducts its correspondence with the parties in one of the
languages referred to in paragraph (3) until the arbitral tribunal determines
the language of the proceedings.
Art. 9. The Language of Proceedings
(1) The parties may freely
determine the language of the proceedings, provided the conditions for the
proceedings conducted in such language may otherwise be ensured.
(2) If the parties fail to
determine the language of the proceedings, the arbitral tribunal shall do so,
taking into consideration all relevant factors in respect of the specific case,
especially the language of the agreement entered into by the parties and the
language of the correspondence.
(3) If the foreign party (parties)
is (are) represented by a Hungarian attorney or a counsel (also), the
proceedings shall be conducted in Hungarian, except in the case when the
parties have stipulated a foreign language in accordance with paragraph (1)
above.
(4) The minutes of the hearings and
the resolutions adopted during the proceedings shall be in the language of the
proceedings.
(5) If the jurisdiction of the
Arbitration Court is based on an international agreement, the language of the
proceedings shall be Hungarian. At the request and expense of a party who is
not familiar with the language of the proceedings, the Arbitration Court shall
ensure the use of an interpreter. The Secretariat shall inform the affected
parties about the terms and conditions relating to the use of such interpreter.
(6) If the foreign arbitrator is
not familiar with the language of the proceedings, upon request, the
Secretariat of the Arbitration Court shall provide an interpreter (translator).
Art. 10. The Term of Arbitral
Proceedings
Whenever possible, the Arbitration
Court shall complete the proceedings within six months of the formation of the
arbitral tribunal.
Art. 11. Delivery and Service of
Documents
(1) The documents relating to the
specific case shall be delivered by the Secretariat to the addresses specified
by the parties.
(2) The statement of claim, the
statement of defence, other documents of the parties, the summons, and the
decisions of the Arbitration Court shall be delivered by the Secretariat by
registered letter with notice of receipt.
(3) The Secretariat may forward
other documents by registered letter; notices and communications may be sent by
cable, telecopier or telex.
(4) All documents set forth in the
present Article may be served, against receipt, personally to the party.
(5) Unless otherwise agreed by the parties, any written communication shall be deemed to have been received on the day when it is delivered to
a) the addressee personally, or
b) the seat, office or residence
(hereinafter together: seat), usual place of abode or mailing address of the
addressee.
If none of the foregoing can be
established, the written communication sent in a registered letter or in any
way proving attempt of delivery to the last known seat, place of abode or
mailing address of the addressee shall be deemed to have been received, in case
of domestic addressee on the eighth day of dispatch, in case of foreign
addressee on the fifteenth day of dispatch.
Art. 12. Arbitration Fees and Costs
(1) The computation, advance and
sharing of the arbitration fees and the payment of the costs of the Arbitration
Court shall be effected in accordance with the Regulation on Arbitration Fees,
Costs and Expenses of the Parties, which constitutes an integral part of the
present Rules of Procedure.
(2) The Arbitration Court may make
an expert certification dependent on the advance payment of costs.
Art. 13. Representation of the
Parties
(1) The parties may participate in
the arbitration procedure either in person or by means of duly authorized
representatives.
(2) A party may, at his discretion,
choose a representative who may also be a foreign national.
(3) Arbitrators included in the
Roll of Arbitrators of the Arbitration Court, cannot act as legal
representatives in any proceedings, handled by this institution. Any person who
is not included in the said Roll, however, appointed as arbitrator by one of
the parties should not undertake legal representation in the Arbitration Court
either during the period of performing this function or within 6 months
following the cessation of duties as arbitrator.
Art. 14. The Applicable Law
(1) The arbitral tribunal and the
sole arbitrator (hereinafter the "arbitral tribunal") shall apply the
law stipulated by the parties. The stipulation of a given legal system is to be
understood to be the stipulation that refers directly to the substantive law
and not to the conflict of law norms of the given state.
(2) Failing stipulation by the
parties, the arbitral tribunal shall apply the law which it considers to be
applicable according to the rules of Hungarian private international law.
(3) The arbitral tribunal renders a
decision on the basis of equity (ex aequo et bono) or as a friendly intermediator
(amiable compositeur) only if it has been expressly authorized to do so by the
parties.
(4) In each case, the arbitral
tribunal makes its decisions in compliance with the stipulations of the
contract and by taking into consideration applicable commercial customs.
Art. 15. Confidential Treatment of
the Decisions of the Arbitration Court
(1) The Arbitration Court may not
give any information on its decisions or their contents.
(2) The decision of the Arbitration
Court may be published in legal journals or special publications only upon the
permission of the President of the Arbitration Court and only in such a way
that the interests of the parties will not suffer any harm; furthermore, the
names of the parties, their countries of residence, the nature and countervalue
of the services rendered, or any one of these particulars can only be included
in a publication with the express consent of both parties.
Art. 16. Waiver of the Right to
Protest Against Violation of the Rules of Procedure
A party who is aware that some
stipulation or provision of the present Rules of Procedure has not been observed
and continues, despite this, to participate in the proceedings without
immediately lodging a protest against divergence from the stipulation or
provision shall be deemed to have waived his right to protest.
II. Arbitral Proceedings
Art. 17. Mode of the Proceedings
(1) The Arbitration Court conducts
the proceedings according to the provisions of the present Rules of Procedure.
In respect of procedural issues not provided for by the present Rules of
Procedure and failing a unanimous declaration by the parties, the Arbitration
Court proceeds at its own discretion, taking into consideration the general
principles of procedure appropriate for the domestic or international character
of the legal relationship between the parties.
(2) In the course of the
proceedings, due respect shall be paid to the principles of equal rights and
treatment of the parties and to the right of each party to familiarize himself
with the documents of the arbitral proceedings, the documents filed and
evidence submitted by other parties, and the procedural actions taken by the
Arbitration Court, and to the right of each party to set forth his standpoint
orally or in writing in the course of the arbitral proceedings.
(3) In the course of the
proceedings, the Arbitration Court seeks a peaceful settlement of the dispute
(reaching of agreement) between the parties.
Art. 18. Appointment of the
Arbitrators
(1) Each party is authorized to
designate an arbitrator. The parties are free to agree on the number of the
arbitrators, however, the number of the arbitrators may only be an uneven
number. Failing such agreement, the number of arbitrators shall be three. If
there are several claimants or several defendants, the group of claimants and
the group of defendants may each designate one arbitrator. The parties may also
elect a substitute arbitrator. A party may request that the Arbitration Court
appoint an arbitrator for such party.
(2) The provisions of Art. 4. of
the present Rules of Procedure shall apply to the appointment of the
arbitrators by the parties.
(3) The claimant designates the
arbitrator in his statement of claim. The defendant must designate an
arbitrator within thirty days from the date of delivery of the statement of
claim even if he contests the jurisdiction of the Arbitration Court or if he submits
his statement of defence at a later date.
(4) The arbitrators appointed by
the parties shall elect the third arbitrator who will discharge the duties of
presiding arbitrator of the arbitral tribunal. The provisions set forth in Art.
4. shall also apply to the election of the presiding arbitrator of the arbitral
tribunal. If the arbitrators appointed by the parties elect a presiding
arbitrator not included in the roll of arbitrators, they shall notify the
Presidium of the Arbitration Court thereof, designating the reasons for such
election.
(5) If the parties agree, the case
may be judged by a sole arbitrator. The provisions set forth in Art. 4. shall
also apply to the appointment of the sole arbitrator.
(6) Settlement of the dispute by a
sole arbitrator does not require an express agreement between the parties if,
in his statement of defence, the defendant requests that the arbitrator
appointed by the claimant proceed as sole arbitrator.
(7) If the claimant has not
appointed an arbitrator in his statement of claim nor did he request that the
Arbitration Court appoint an arbitrator, the Arbitration Court will request
that the claimant remedy such failure. If the claimant fails to comply with the
request of the Arbitration Court within the time limit determined, the
Arbitration Court shall terminate the proceedings. If the defendant does not
appoint an arbitrator within thirty days from date of delivery of the statement
of claim the Arbitration Court shall set an additional time limit of fifteen
days. If this time limit has passed with no appointment made, the Arbitration
Court shall appoint an arbitrator. The Arbitration Court proceeds in the same
manner if the arbitrators appointed by the parties do not appoint the presiding
arbitrator within fifteen days, or within thirty days if an arbitrator with
residence abroad has been involved.
(8) The appointment of an
arbitrator, whose residence is in the country or abroad, shall only be valid if
the party appointing such arbitrator advances the travel and living expenses of
such arbitrator within the time limit determine d by the Arbitration Court.
Upon a failure to do so, the provisions of paragraph (7) of this Article shall
apply. If the parties or the arbitrators elected by the parties elect a
presiding arbitrator whose residence is in the country or abroad and the
defendant fails to advance the travel and the living expenses requested by the
Secretariat, that is 50% of the total costs, the Arbitration Court may request
that the claimant advance such amount instead of the defendant. If the claimant
fails to comply with the request, the Arbitration Court shall terminate the
proceedings.
(9) If the arbitrators appointed by
the parties or the presiding arbitrator appointed by the arbitrators do not
undertake to discharge the duties of arbitrators or presiding arbitrator
respectively, or for any reason they are prevented from discharging their
duties, the Arbitration Court will request the party (if he has not already
designated a substitute arbitrator) to appoint a new arbitrator within thirty
days or will determine the same time limit for the arbitrators to appoint the
presiding arbitrator. If either time limit passes with no appointment made, the
Arbitration Court shall appoint the arbitrator or the presiding arbitrator.
(10) If several claimants or
several defendants cannot come to an understanding as to the arbitrator to be
appointed, the arbitrator shall be appointed by the Arbitration Court, giving
due consideration to the proposals of the parties.
(11) The Arbitration Court may
appoint an arbitrator or a presiding arbitrator only from the roll of
arbitrators.
(12) The rights of the Arbitration
Court set forth in the present Article shall be exercised by the President of
the Arbitration Court.
Art. 19. Challenging the
Arbitrators or the Presiding Arbitrator
(1) Unless the parties otherwise
agree, no one can be excluded by reason of his citizenship or nationality from
proceeding as an arbitrator or presiding arbitrator.
(2) Either party may challenge the
arbitrator or the presiding arbitrator if circumstances give rise to
well-founded doubts concerning their impartiality or independence, or if an
arbitrator or the presiding arbitrator does not possess the qualifications
specified by the parties. A party may challenge the arbitrator appointed by him
only if circumstances justifying such challenge became known to him after the
appointment.
(3) The arbitrators and the
presiding arbitrator shall, without delay, notify the other members of the
arbitral tribunal and the parties, and the sole arbitrator shall notify the
President of the Arbitration Court and the parties, if they become aware of any
circumstances which are not in accord with their independence and impartiality.
(4) The other members of the arbitral
tribunal shall decide in respect of a challenge made by a party, or the notice
provided by the arbitrator or presiding arbitrator. If no agreement can be
reached, or two arbitrators or the sole arbitrator have been challenged, the
President of the Arbitration Court shall make a decision relating to the
challenge.
(5) If the challenge or the notice
is found to be well grounded, a new arbitrator, presiding arbitrator or sole
arbitrator shall be designated or appointed according to the present Rules of
Procedure. The arbitral tribunal decides, upon the request of a party or on its
own motion, whether hearings previously held shall or shall not be repeated.
(6) The provisions of the present
Article shall also apply, where appropriate, to experts and interpreters.
(7) Any objection must be raised at
the first hearing held with respect to the case. The objection may also be
raised in a later phase of the proceedings if the events set forth in paragraph
(2) occur at a later date.
Art. 20. Termination of
Arbitrator's Duties
The arbitrator's duties terminate
if the proceedings are completed, or an arbitrator or the presiding arbitrator
is unable to discharge his duties for any reason, or he resigns or is prevented
for a long period of time from discharging those duties, or according to a
finding of the President of the Arbitration Court he does not discharge his
duties and does not satisfy the provisions set forth in the declaration he has
made according to paragraph (1) of Art. 4, or the parties agree to terminate
the case. In such cases, the appointment of the new arbitrator or the presiding
arbitrator shall take place according to the provisions of the present Rules of
Procedure.
Art. 21. Institution of Arbitral
Proceedings
(1) The arbitral proceedings shall
be instituted by the filing of a statement of claim with the Secretariat of the
Arbitration Court.
(2) The date of the filing of the
statement of claim shall be:
- the date of its submission to the
Secretariat of the Arbitration Court or
- in case of delivery by mail, the
date of its arrival (stamp indicating date of receipt) to the Secretariat.
(3) The statement of claim shall be
sent via registered mail by the claimant to the defendant simultaneously with
the filing of the statement of claim with the Secretariat of the Arbitration
Court, also the claimant shall transfer the registration fee of HUF 15.000,- or
USD 200,- to the account of the Arbitration Court and submit the bank
certificate thereof to the Secretariat of the Arbitration Court.
Art. 22. Contents of the Statement
of Claim
The statement of claim must
indicate:
a) the names and addresses of the
parties;
b) the data establishing the
jurisdiction of the Arbitration Court;
c) the claim of the claimant;
d) the legal grounds of the claim,
the facts on which the claimant bases his claim, as well as reference to
evidence supporting it;
e) the amount in dispute;
f) the given and family name of the
arbitrator appointed by claimant or a request for the appointment of an
arbitrator by the Arbitration Court;
g) a list of the documents attached
to the statement of claim and
h) the proper signature of the
claimant or the signature of his counsel with certified authorization.
(2) The Claimant shall transfer the
advance payment as communicated by the Secretariat to the bank account of the
Arbitration Court by the deadline stated in such communication. The
aforementioned payments are a condition to the launching of the proceedings.
Art. 23. Amount in Dispute
(1) The amount in dispute is
determined:
a) if the claim is for recovery of
money, by the sum so claimed;
b) if the claim is for vindication
of property, by the value of the property so vindicated;
c) if the claim is for recognition
of legal fact, by the value of the subject-matter of the legal relationship;
d) if the claim is for an act to be
performed or for abstention therefrom, by the pecuniary interest of the claimant.
(2) In determining the amount in
dispute, the value existing at the date of filing the claim shall govern.
(3) In the case of cumulative
claims, the value of each claim shall be determined separately, and the total
sum of all such claims shall determine the amount in dispute.
(4) The claimant shall indicate in
the statement of claim the amount in dispute even where his claim, or part of
it, has non-pecuniary character.
(5) If the claimant failed to
indicate the amount in dispute or determined it incorrectly, the Arbitration Court
shall, on it own motion, or upon the defendant's request determine the amount
in dispute on the strength of the available data.
Art. 24. Correction of defects in
the Statement of Claim
(1) On a finding by the Arbitration
Court that the statement of claim does not meet the requirements set forth in
the present Rules of Procedure, the Head of the Secretariat shall request the
claimant to correct said defect, setting a time limit therefor. The time limit
set for the claimant to correct the defects shall not exceed sixty days from
the date of the receipt of such request. Provided that the claimant corrects
the defects within the time-limit set therefor, the date indicated in paragraph
(2) of Art. 21. shall be considered as the date of filing the claim.
(2) Where the claimant disregards
the request to correct the defects of the statement of claim, the Arbitration
Court shall decree a termination of the action.
Art. 25. Statement of Defence
(1) Upon receipt of the statement
of claim, the Secretariat shall notify the defendant, sending him copies of the
statement of claim including annexes as well as a copy of the roll of
arbitrators.
(2) Simultaneously, the Secretariat
shall inform the defendant that he is required, within thirty days of the
service of the statement of claim, to submit his statement of defence together
with the relevant proof. Upon the defendant's request, the time limit may be
extended by a maximum of thirty days; the claimant simultaneously being
informed thereof. The provisions applicable to the contents of the statement of
claim shall apply, where appropriate, to the contents of the statement of
defence.
(3) If the defendant does not
submit his statement of defence within the extended time limit, the Arbitration
Court may make a decision on the basis of the documents and evidence available
to it.
(4) The defendant shall, within
thirty days, designate an arbitrator or submit a request to the Arbitration
Court to do so in his place.
Art. 26. Amendment of Statement of
Claim or Statement of Defence
In the course of the arbitral
proceedings, either party may amend or add to his statement of claim or
statement of defence, respectively, unless the Arbitration Court considers it
impermissible, because of the expected delay arising from the amendment or
addition, the prejudice threatening the other party or any other circumstances.
Art. 27. Formation of the Arbitral
Tribunal
(1) The arbitrators appointed by
the parties or the Arbitration Court shall elect the presiding arbitrator of
the arbitral tribunal in accordance with the provisions of Art. 4.
(2) From its time of formation, the
arbitral tribunal shall take all measures necessary to conduct the arbitral
proceedings to which it may request the assistance of the Secretariat.
(3) The Secretariat shall inform
the parties about the formation and the composition of the arbitral tribunal
without delay.
Art. 28. Preparation of the Case by
the Arbitrators
(1) The arbitral tribunal shall
review the measures taken for preparation of the hearing. If necessary, the
arbitral tribunal shall effect further preparatory measures; in particular, it
shall request the parties to submit written declarations, proofs and additional
documents. The arbitral tribunal shall decide what further documents the
parties are obliged or authorized to submit in addition to the statement of
claim and the statement of defence and shall determine the time limits for
their submission.
(2) If a party fails to comply with
the request referred to in paragraph (1) within the time limit determined by
the arbitral tribunal, the arbitral tribunal may render its decision based on
the documents available to it.
(3) Upon the request of the
presiding arbitrator of the arbitral tribunal, the Secretariat shall take the
necessary measures for the preparation and conduct of the hearings and for
summoning the parties to the hearings.
Art. 29. Summons to the Hearing
(1) The time and place of the
hearing shall be communicated to the parties by summons served, allowing the
parties at least thirty days – eight days in the case of exclusion of
shareholders of companies - to prepare for the hearing and to arrive at the
place of hearing. Upon the agreement of the parties or in case of a
continuance, this time limit may be shortened.
(2) If in a case aiming at the
exclusion of any shareholder of a company, the defendant is a foreigner and the
defendant of the representative thereof shall not appear at the hearing, the
hearing is to be held if the summons by registered mail or in another way (e.g.
fax activity report) have been proved to have been delivered, in lack of the
aforesaid conditions in the case when eight days have passed since the deadline
set forth 10 (2) of the Arbitration Law.
Art. 30. Interpleading in the
Proceedings
(1) Any person having a legal
interest in the outcome of the arbitral proceedings may submit an interpleader
in order to assist the party having the same interest to win the case. A
request concerning interpleading shall be submitted to the Arbitration Court at
least fifteen days before the day of the first hearing in the language of the
proceedings and in a number of copies enabling each party to be provided with
one copy and the Arbitration Court with four copies.
(2) The admissibility of an
interpleader shall be decided by the arbitral tribunal. An interpleader may
only be admitted if all parties give their consent thereto.
Art. 31. Presence at the Hearing
Hearings shall not be public. In
addition to the presiding arbitrator, the members of the arbitral tribunal, the
parties, the recorder, the interpreter, the experts, the witnesses and the
President of the Arbitration Court, only such persons may be present at the
hearings whose presence has been consented to by the arbitral tribunal and all
parties. The names of all persons present at the hearings on behalf of the
parties shall be recorded in the minutes.
Art. 32. Participation of the
Parties
(1) Hearings can be held even in
the absence of a party, provided that the party has been duly notified of the
date and the place of the hearing, except when prior to the opening of the
hearing, the defaulting party has requested the postponement of the hearings on
grounds deemed to be justified by the arbitral tribunal.
(2) Each party may request that the
hearing be held even in his absence.
Art. 33. Examination of the Case
Without Oral Hearing
(1) By submitting a joint petition,
the parties may request that the Arbitration Court pass its decision without
conducting an oral hearing merely on the strength of the material on file.
Nevertheless, the Arbitration Court may order oral hearings when such hearings
are considered to be necessary.
(2) No joint petition of the
parties is necessary for passing a decision without conducting an oral hearing
if in his statement of defence, the defendant has recognized the claim of the
claimant.
Art. 34. Counterclaim and Claim for
Set-Off
(1) Before the close of the hearing
on the principal claim, the defendant may submit a counterclaim, provided the
Arbitration Court has jurisdiction over the counterclaim. If the arbitral
proceedings are protracted, because of an unjustified delay in presenting the
counterclaim, the Arbitration Court may request the defendant to refund the
additional costs resulting therefrom to the Court and to the other party.
(2) A counterclaim shall be
governed by the same rules that apply to the principal claim.
(3) The defendant may also submit a
claim for set-off against the claimant in respect of due claims and of the same
kind, provided the Arbitration Court has jurisdiction over such claims.
Art. 35. Evidence
(1) Each party must prove the
circumstances on which he bases a claim or a defence. The Arbitration Court may
instruct a party to submit further evidence, order the presentation of expert
opinion, obtain evidence from third persons and order the hearing of witnesses.
(2) The parties shall submit the
original written evidence or a certified copy thereof, in such number
of copies which enables each party
to be provided with one copy and the Arbitration Court with four copies. If it
becomes necessary for the determination of the case, the Arbitration Court may
request that the party submit the written evidence translated into the language
of the contract or the language of the proceedings.
(3) If the party does not submit
the required evidence within the time limit determined by the arbitral
tribunal, the arbitral tribunal may make its decision on the basis of the
information and evidence available to it.
(4) The manner of taking evidence
shall be determined by the arbitral tribunal. The arbitrators shall evaluate
the evidence according to their inner conviction.
(5) The arbitral tribunal is
authorized to order the use of one or more experts and request the provision by
such experts of a written opinion on the issues to be determined by the
arbitral tribunal. The arbitral tribunal shall in form the parties about the
duties of the expert by sending a copy of its order.
(6) The parties shall provide all
essential information to the expert and present to him, for purposes of
examination, all such documents or products as he may deem necessary. Any
dispute arising between a party and an expert concerning whether the expert
justifiably requested information or the presentation of products shall be
brought before the Arbitration Court for its decision.
(7) Upon receipt, the Arbitration
Court shall deliver the expert opinion to all parties, providing them with the
opportunity to remark on its content. Each party is authorized to examine all
those documents on which the expert has based his opinion.
(8) After submission of the expert
opinion, the expert may be requested to appear at a hearing where the parties
may put questions to the expert. At such hearing, each party may bring forward
expert witnesses for providing evidence to the disputed issues. The provisions
of Art. 28. shall apply to this procedure.
(9) Upon ordering expert testimony,
the Arbitration Court shall, in a decision, require the parties to advance the
fees and costs of the expert witnesses. The advance of such fees and costs
shall generally be paid by the parties in an equal proportion. If any of the parties
fails to make the advance payment within the time period designated by the
Arbitration Court, such advance payment of fees and costs shall be borne also
by the other party. In the event that, as a result of the non-payment of the
advance relating to such fees and costs, the expert testimony fails, the
Arbitration Court shall make its decision upon the available evidence.
Art. 36. Postponement of Hearing
and Stay of Proceedings
(1) At the request of the parties
or on its own motion, the Arbitration Court may order a postponement of the
hearing.
(2) Upon a jointly submitted
request of the parties or on its own motion, the Arbitration Court may order a
stay of the proceedings for a definite period of time. The duration of the stay
of proceedings shall be stated or extended for a period of time exceeding six
months only in exceptional cases.
Art. 37. Minutes of the Arbitral
Hearings
(1) The arbitral tribunal shall
prepare the minutes of the hearings, which must contain the following:
a) identification of the
Arbitration Court;
b) file number of the case;
c) place and date of the hearing;
d) names of the parties to the
dispute and their representatives;
e) names of the persons
participating in the hearing on behalf of the parties;
f) statement of the parties;
participation or absence;
g) given and family names of the
arbitrators, the presiding arbitrator, the witnesses, the experts, the
interpreter and other persons participating at the hearing;
h) a short description of the course
of the hearing;
i) claims and relevant statements
of the parties;
j) indications of the grounds for a
postponement of the hearing or the close of the proceedings and
k) the signatures of the
arbitrators.
(2) The parties may inspect the
minutes. Upon the request of either party, the arbitral tribunal may order a
correction or completion of the minutes.
(3) Each party, upon request, shall
be provided with a copy of the minutes.
Art. 38. Closing of the Proceedings
(1) The arbitral tribunal shall
close the proceedings either by award or by order.
(2) The arbitral tribunal gives an award if it decides the case on
its substance or if the parties, in accordance with their agreement, request an
award.
(3) Prior to the closure of the
proceedings, the arbitral tribunal may give an interim award or a partial
award.
Art. 39. Granting of Award
(1) If the arbitral tribunal is
satisfied that the circumstances of the dispute have been sufficiently
clarified, it shall declare the taking of evidence completed. After having
heard the closing arguments of the parties, the arbitral tribunal shall close
the hearing and render its decision.
(2) The award shall be made by the
arbitral tribunal in camera by a majority vote. If a majority opinion cannot be
formed, the Arbitration Court shall grant the award according to the opinion of
the presiding arbitrator of the arbitral tribunal.
Art. 40. Content of the Arbitral
Award
(1) The arbitral award shall
contain the following:
a) identification of the
Arbitration Court;
b) file number of the case;
c) place and date of granting the
award;
d) names of the parties and other
persons participating in the proceedings;
e) subject-matter of the dispute
and a summary of the circumstances of the case;
f) decisions on the claims and
counterclaims, the fees and costs of the arbitral proceedings and the costs and
expenses of the parties;
g) reasons for the award;
h) given and family names of the
arbitrators or sole arbitrator and the presiding arbitrator and
i) the signatures of the
arbitrators.
(2) The validity of the award is
not effected if it is signed by two arbitrators only, provided that the award
indicates the reason as to why the third arbitrator has not signed and the
President of the Arbitration Court verifies such circumstance.
(3) If no time limit is indicated
in the award for its execution, its execution shall take place immediately.
Art. 41. Announcement of the Award
(1) The Arbitration Court's award
and its grounds shall be delivered in writing to the parties no later than
thirty days from close of the oral hearings. If the arbitral tribunal includes
an arbitrator with residence abroad, the time limit is sixty days.
(2) If the nature of the case
allows, the Arbitration Court shall announce its award orally immediately after
the close of the oral hearings to the parties present and shall communicate the
award to the parties absent in writing. In such case, the Arbitration Court
also has the option to announce only the operative provisions of the award and
to communicate to the parties the grounds for the award within thirty days from
the closure of the proceedings or within sixty days if the arbitral tribunal
includes an arbitrator residing abroad.
(3) The President of the
Arbitration Court may, in justified cases and taking into consideration the
nature of the case, extend the time limits set forth in the present Article.
Art. 42. Completion and
Rectification of the Arbitral Award
(1) Upon the request of a party
submitted not later than thirty days from delivery of the award, the
Arbitration Court may pass a supplementary award if the arbitral award failed
to contain a decision on each and every claim of the parties. A supplementary
award must be based on a new hearing to which the Arbitration Court shall
summon the parties.
(2) Upon the request of a party,
submitted within thirty days of notice, or on its own motion, the Arbitration
Court shall order the rectification of typing errors or mistakes in the text of
the award insofar as these do not affect the merits of the case, as well as any
computation errors. The other party shall be informed of such request.
(3) The supplementary award or
order regarding the rectification of the award shall form an integral part of
the completed or rectified award. The parties shall be charged no expenses in
connection with the completion or rectification of the award.
Art. 43. Enforcement of the
Arbitral Award
The effect of an award of an
arbitral tribunal is the same as that of a non-appealable court judgment. The
decision of the Arbitration Court is final and binding; no appeal may be lodged
or review may be initiated against such decision. The parties are required to
comply with such decision voluntarily. The enforcement of the arbitral award
shall be governed by the rules and regulations applicable to the enforcement of
court judgments in effect at the place of enforcement.
Art. 44. Termination of Proceedings
Without Award
(1) If the Arbitration Court does
not give an award, it shall terminate the case by order.
(2) The Arbitration Court shall
order the termination of the case if:
a) the claimant has withdrawn his
claim, except if the defendant objects thereto, and the ärbitral tribunal
acknowledges the defendant's legitimate interest in obtaining a decision on the
merits;
b) the parties have concluded an
arrangement which will be approved by the Arbitration Court without the granting
of an award;
c) the parties agree on the
termination of the proceedings,
d) after the preliminary
notification of the parties, the conditions for the examination of the case and
a decision on its merits are lacking and cannot be developed within a foreseeable
short period of time; including the case where the claimant does not request
the continuance of the proceedings within thirty days from the expiry of the
stay or
e) the Arbitration Court states a
lack of its own jurisdiction.
(3) The provisions of Articles 39
to 43 shall, as appropriate, apply to the order. If the arbitral tribunal has
not been formed yet, the order relating to the termination of the case shall be
delivered by the President of the Arbitration Court - except lit. d, of
paragraph (2).
III. CONCILIATION PROCEDURE
Art. 45. Conduct of Conciliation
Procedure
(1) If arbitral proceedings have
not yet been instituted, the Arbitration Court may conduct conciliation
proceedings in respect of those cases which would belong to its jurisdiction
even if the parties have not concluded an arbitration agreement.
(2) The conciliation procedure
commences upon its initiation by one of the parties. The Arbitration Court
shall forward the request to the other party, requesting him to declare to the
Arbitration Court within thirty days whether he is ready to participate in the
conciliation procedure. If the other party declares that it does not want to
participate in the conciliation procedure or fails to transfer the appropriate
portion of the fee of the proceedings to the Arbitration Court within thirty
days, the conciliation procedure shall be considered as having failed.
(3) If the parties agree to the
conciliation procedure, the President of the Arbitration Court shall appoint a
conciliator from among the arbitrators listed in the roll of arbitrators. The
conciliator shall examine the documents submitted by the parties, invite the
parties to an oral hearing and propose a peaceful settlement of the dispute.
(4) If an agreement is reached
between the parties, this shall be recorded in the minutes. The parties and the
conciliator shall sign the minutes. Upon the request of all parties, the
President of the Arbitration Court shall appoint the conciliator as sole
arbitrator. In such case, at the request of the parties, the agreement shall be
included in an arbitral award.
(5) If no agreement is reached, the
proceedings shall be deemed terminated. The proposals and statements made by
the parties in the course of the conciliation proceedings shall not be binding
on the parties in any arbitral proceedings which may follow the conciliation.
The other party may not refer to such statements in the course of the arbitral
proceedings which may be instituted. Except for the case specified in paragraph
(4) and by agreement of the parties, the conciliator may not later proceed in
the case as an arbitrator and may not be the representative of, or adviser to,
either party.
(6) The expenses of the
conciliation proceedings shall be determined by the Secretariat as one-fourth
of the amount determined in the list of costs attached to the present Rules of
Procedure. At the institution of the conciliation proceedings, each party shall
pay 50 percent of the costs in advance.
(7) The party initiating the
conciliation procedure shall, simultaneously with initiating conciliation, make
an advance payment for his portion of the costs. If the other party does not
participate in the conciliation, the Arbitration Court shall, after having
deducted the costs of administration, return the amount of advance paid.
(8) The rules relating to the use
of language set forth in this Rules of Procedure shall also apply to the
conciliation procedure.
REGULATION ON THE ARBITRATION FEES,
COSTS AND EXPENSES OF THE PARTIES
Art. 1. Definitions
(1) “Registration Fee”: the
non-refundable fee to be paid simultaneously with filing the statement of claim
as the condition of the launching of the proceedings.
(2) ”Arbitration Fee”: A payment
covering the general costs of the operation of the Arbitration Court
(arbitrators’ fees, fees of legal and technical staff, administrative services,
etc.) to be advanced by the claimant (claimant of counterclaim) as a condition
to the continuation of the proceedings.
(3) “Arbitration Costs”: Other
costs incurred by the Arbitration Court in the course of the proceedings:
experts’ fees and additional costs of proceedings held in non Hungarian,
English or German languages (see Art. 9 of the Rules of Proceedings, costs of
other translations if any, fees of interpreters, experts and witnesses, travel
and accommodation costs of arbitrators).
(4) “Expenses of the Parties”:
Costs incurred by the parties in connection with protecting their interests
before the Arbitration Court (travel expenses of the parties, legal fees,
etc.).
Art. 2. Registration Fee
(1) The amount of the registration
fee is 15,000 Hungarian Forints or 200 USD which shall be transferred by the
claimant to the bank account of the Hungarian Chamber of Commerce and Industry,
which bank account shall be notified by the Secretariat of the Arbitration
Court to the claimant.
(2) The terms of the payment of the
registration fee shall be governed by the rules applicable to the payment of
the arbitration fee set forth in paragraph (3)(b) of Art. 3.
Art. 3. Arbitration Fee
(1) As a condition to the
institution of the proceedings, an arbitration fee proportional to the amount
in dispute shall be paid to a bank account of the Hungarian Chamber of Commerce
and Industry, which bank account shall be notified by the Secretariat of the
Arbitration Court.
(2) The arbitration fee shall be
determined, depending on the amount in dispute, pursuant to the Hungarian
Forint chart [Exhibit 1] or the USD chart [Exhibit 2].
(3) (a) The arbitration fee shall
be computed in the following currency:
- in Hungarian forint, if the
amount in dispute has been denominated in Hungarian Forint;
- in USD (mid-exchange rate quoted
by the National Bank of Hungary), if the amount in dispute has been denominated
in other than Hungarian Forints.
(b) The arbitration fee shall be
paid in the following currency:
- in Hungarian Forints, if the
claimant is deemed to be Hungarian for purposes of foreign exchange
regulations;
- in USD, if the claimant is deemed
to be a foreigner, for purposes of foreign exchange regulations, from a former
CMEA country;
- in any convertible currency,
which was denominated for the amount in disputed by the person, deemed to be a
foreigner, for purposes of foreign exchange regulations, from a country other
than a former CMEA country.
(4) If claims are submitted in
various currencies, the Arbitration Court shall determine a single currency for
the arbitration fee.
(5) The arbitration fee is
considered to have been paid upon the claimant giving irrevocable instructions
to the Bank of his own country for the transfer of the sum, provided that this
sum is credited to the account of the Hungarian Chamber of Commerce and
Industry within thirty days from said date.
Art. 4. Reduction and Partial
Refunding of the Arbitration Fee
(1) Fifty percent of the
arbitration fee not including however the registration fee shall be refunded to
the claimant if the claimant has withdrawn his claim before the date of the
first hearing because, among other reasons, the parties have settled the
dispute by agreement, or the parties notify the Arbitration Court before the
date of the first hearing that they waive their request to have their dispute
settled by arbitration or the Arbitration Court terminates the case for other
reasons.
(2) The provisions of paragraph (1)
above shall also apply to the minimum arbitration fee.
(3) In cases set forth in paragraphs
(1) and (2) above, the decision on a partial refund of the arbitration fee
shall be made by the Arbitration Court together with the decision on the
termination of proceedings. If the arbitral tribunal has not yet been formed,
the decision relating to the refund of the fee shall be made by the President
of the Arbitration Court.
(4) If the Arbitration Court
terminates the proceedings on grounds of lack of its own jurisdiction at the
latest at the first hearing, fifty percent of the arbitration fee shall be
refunded to the claimant.
Art. 5. Arbitration Fee in Respect
Counterclaims
(1) The same arbitration fees apply
to the counterclaim as to the principal claim.
(2) If either party submits a claim
for set-off, the judgement of which requires a determination of additional
facts or legal issues, the Arbitration Court shall request that the party
submitting the claim for set-off pay the arbitration fee applicable to counterclaims.
(3) If the party claiming a
counterclaim or a set-off does not pay the fee determined for counterclaims and
set-offs within the time period determined by the arbitral tribunal, the
Arbitration Court will deem the counterclaim or the claim for set-off
unasserted.
Art. 6. Division of the Arbitration
Fee
(1) Except when other rules apply,
the arbitration fee shall be borne by the losing party.
(2) In justified instances, the
Arbitration Court may deviate form the provisions set forth in paragraph (1).
(3) The parties may agree to the
division of the arbitration fee in a manner differing from the provisions of
paragraphs (1) and (2) above.
Art. 7. Arbitration Fee of
Conciliation Procedure
(1) The fee of the conciliation
proceedings shall be twenty-five percent of the arbitration fee but in any
event not less than 15,000 Hungarian Forints or 300 USD.
(2) The fee of the conciliation
proceedings shall be borne by the parties in equal proportions.
Art. 8. Expenses Relating to
Arbitration
(1) The parties shall bear the
expenses of arbitration in accordance with the provisions of Art. 6.
(2) If the proceedings are
conducted in a language other than the Hungarian, the German or the English
language (Art. 9. of the Rules of Proceedings), then the parties shall advance
or bear the excess costs that may be incurred as a result of the use of such a
foreign language in equal proportions. If the defendant does not comply with
the request of the Arbitration Court for the advance payment of such costs within
the time period determined, then at the request of the Arbitration Court, the
claimant shall advance the amount of such costs. If the claimant fails to do
so, the Arbitration Court will request that the parties agree, within a certain
time period, upon the use of either the Hungarian, the German or the English
language during the proceedings. If the parties fail to comply with such a
request, the Arbitration Court shall, taking into consideration all relevant
factors relating to the specific case, determine the use of one of the afore
listed languages as the language of the proceedings.
(3) The Arbitration Court may
request that the claimant pay an advance to cover the costs arising in
connection with the measures necessary to conduct the proceedings. The
Arbitration Court may request that the party whose motion to take a certain
measure in the opinion of the Arbitration Court is justified also make an
advance payment.
(4) The Arbitration Court may
request the party who appointed an arbitrator with residence in the country or
abroad, or the parties who appointed a presiding arbitrator with residence in
the country or abroad, to advance the travel and living expenses and the
interpreter's costs of such arbitrator or presiding arbitrator. If the
presiding arbitrator's residence is in the country or abroad, the parties shall
advance such costs in equal proportions.
(5) The costs of arbitration shall
be determined in the currency in which they have been incurred and shall be
paid to the account of the Hungarian Chamber of Commerce and Industry
maintained at such bank as the Secretariat will give notice of.
(6) Paragraph (5) of Art. 3. shall
apply to the payment of costs and cost advances.
Art. 9. The Expenses of the Parties
The provisions of Article 6 shall
apply to the manner in which the justified expenses of the parties are borne.
Art. 10. Exceptions
In variance with the provisions of
Articles 6, 8 and 9, the Arbitration Court may prescribe for a party to pay
such surplus costs which have been caused by his inexpedient or unjustified
acts or procedural acts carried out in bad faith. In this category are, among
others, procedural acts which cause surplus costs due to the taking of measures
proving to be unnecessary (e.g., causing a delay of the proceedings unjustified
by the circumstances of the case).
Exhibit 1
HUNGARIAN FORINT-FEE CHART of the
COURT of ARBITRATION attached to the Hungarian Chamber of Commerce and Industry
effective as of April 1, 2000
Registration fee: 15.000,-Ft
Administrative expenses:
|
AMOUNT IN DISPUTE (in HUF) |
ARBITRATION FEE (in HUF) |
||
|
0- |
5.000.000: |
|
2,4%, minimum 12.000 |
|
5.000.001- |
10.000.000: |
120.000 + |
2 % of the amount over 5.000.000 |
|
10.000.001- |
25.000.000: |
220.000 + |
1,6 % of the amount over
10.000.000 |
|
25.000.001- |
50.000.000: |
460.000 + |
1,2 % of the amount over
25.000.000 |
|
50.000.001- |
125.000.000: |
760.000 + |
0,8 % of the amount over
50.000.000 |
|
125.000.001- |
250.000.000: |
1.360.000 + |
0,4 % of the amount over
125.000.000 |
|
250.000.001- |
1.250.000.000: |
1.860.000 + |
0,2 % of the amount over
250.000.000 |
|
1.250.000.001- |
5.000.000.000: |
3.860.000 + |
0,12 % of the amount over
1.250.000.000 |
|
5.000.000.001- |
above |
8.360.000 + |
0,007 % of the amount over
5.000.000.000 |
Arbitrator’s fee:
|
AMOUNT IN DISPUTE (in HUF) |
ARBITRATION FEE (in HUF) |
||
|
0- |
5.000.000: |
|
2,4%, minimum 20.000 |
|
5.000.001- |
10.000.000: |
120.000 + |
2 % of the amount over 5.000.000 |
|
10.000.001- |
25.000.000: |
220.000 + |
1,6 % of the amount over
10.000.000 |
|
25.000.001- |
50.000.000: |
460.000 + |
1,2 % of the amount over
25.000.000 |
|
50.000.001- |
125.000.000: |
760.000 + |
0,8 % of the amount over
50.000.000 |
|
125.000.001- |
250.000.000: |
1.360.000 + |
0,4 % of the amount over
125.000.000 |
|
250.000.001- |
1.250.000.000: |
1.860.000 + |
0,2 % of the amount over
250.000.000 |
|
1.250.000.001- |
5.000.000.000: |
3.860.000 + |
0,12 % of the amount over
1.250.000.000 |
|
5.000.000.001- |
above |
8.360.000 + |
0,007 % of the amount over
5.000.000.000 |
In respect of both the Hungarian
Forint and the USD charts, the arbitration fee consists of the aggregate amount
of the administrative expenses and the arbitrator's fee. The arbitrator's fee
means the fee payable to the arbitrator. In case of an arbitral tribunal, the
arbitrator's fee shall be multiplied by the number of the members of the
arbitral tribunal. The arbitrator's fee of the presiding arbitrator and of the
sole arbitrator shall be increased by 30 % of the arbitrator's fee. The
administrative expenses also include the fees payable to the local government
and a social security contribution of 11 % on the arbitrators’ fee.
Exhibit 2
USD-FEE CHART the COURT of
ARBITRATION attached to the Hungarian Chamber of Commerce and Industry
effective as of April 1, 2000
Registration fee: USD 200,-
Administrative expenses:
|
AMOUNT IN DISPUTE (in USD) |
ARBITRATION FEE (in USD) |
||
|
0- |
20.000: |
|
2,4 % minimum 200 |
|
20.001- |
50.000: |
480 + |
2 % of the amount over 20.000 |
|
50.001- |
100.000: |
1.080 + |
1,6 % of the amount over 50.000 |
|
100.001- |
200.000: |
1.880 + |
1,2 % of the amount over 100.000 |
|
200-001- |
500.000: |
3.080 + |
0,8 % of the amount over 200.000 |
|
500.001- |
1.000.000: |
5.480 + |
0,4 % of the amount over 500.000 |
|
1.000.001- |
5.000.000: |
7.480 + |
0,2 % of the amount over
1.000.000 |
|
5.000.001- |
20.000.000: |
15.480 + |
0,12 % of the amount over
5.000.000 |
|
20.000.001- |
above : |
33.480 + |
0,007 % of the amount over
20.000.000 |
Arbitrator’s fee:
|
AMOUNT IN DISPUTE (in USD) |
ARBITRATION FEE (in USD) |
||
|
0- |
20.000: |
|
2,4 %, minimum 120 |
|
20.001- |
50.000: |
480 + |
2 % of the amount over 20.000 |
|
50.001- |
100.000: |
1.080 + |
1,6 % of the amount over 50.000 |
|
100.001- |
200.000: |
1.880 + |
1,2 % of the amount over 100.000 |
|
200-001- |
500.000: |
3.080 + |
0,8 % of the amount over 200.000 |
|
500.001- |
1.000.000: |
5.480 + |
0,4 % of the amount over 500.000 |
|
1.000.001- |
5.000.000: |
7.480 + |
0,2 % of the amount over 1.000.000 |
|
5.000.001- |
20.000.000: |
15.480 + |
0,12 % of the amount over
5.000.000 |
|
20.000.001- |
above : |
33.480 + |
0,007 % of the amount over
20.000.000 |
In respect of both the Hungarian Forint and the USD charts, the arbitration fee consists of the aggregate amount of the administrative expenses and the arbitrator's fee. The arbitrator's fee means the fee payable to the arbitrator. In case of an arbitral tribunal, the arbitrator's fee shall be multiplied by the number of the members of the arbitral tribunal. The arbitrator's fee of the presiding arbitrator and of the sole arbitrator shall be increased by 30 % of the arbitrator's fee. The administrative expenses also include the fees payable to the local government and a social security contribution of 11 % on the arbitrators’ fee.