Litigation/Dispute Resolution

The Implications of the COVID-19 Crisis for Litigation in Hungary

As the world continues to fight the challenges presented by COVID-19, some guidance on the effects on litigation of the COVID-19 crisis can be discerned from the past year. We know that some sectors have suffered more than others, and participants in industries most affected by COVID-19, like airlines, HORECA, tourism, entertainment, and the commercial real estate sector have already become involved in related legal disputes, such as contractual disputes concerning supply chain disruptions. The big question is whether the pandemic qualifies as a force majeure or a material adverse change that could allow the contracting parties to walk away.

Arbitration and Virtual Hearings: Contract Disputes in the COVID-19 Era

One of the most important issues facing businesses in CEE is the impact of the ongoing COVID-19 pandemic on litigation and arbitration. In-person court and arbitration hearings have become problematic, if not impossible, and the importance of certain boilerplate contract clauses has skyrocketed. Zsolt Okanyi, Global Head of Dispute Resolution at CMS, Malgorzata Surdek, Head of Dispute Resolution at CMS Poland, and Daniela Karollus Bruner, Head of Dispute Resolution at CMS Austria, evaluate the current situation.

Beyond Dispute

New Counsel Victoria Pernt on Schoenherr’s impressive Arbitration practice.

Critical Approaches to Mandatory Mediation in Turkey

Nowadays, alternative methods of dispute resolution, not involving the courts, are increasing. Since disputes are getting ever-more complicated, and general peace between parties is preferable, parties now prefer to solve disputes with more peaceful and flexible alternative dispute resolution methods instead of litigation – and judicial systems are encouraging parties to employ these methods. In this context, mediation has in recent years become the most preferred and fastest-growing alternative dispute resolution method.

A New Wave of Mediation in Lithuania - What Does it Mean for Lawyers

In recent years, the government and courts of Lithuania have intensified their attempts to develop mediation. There are many reasons for this – promoting social peace, decreasing court caseloads, saving time and money for the end-users, and providing them with higher satisfaction among them.

Ukraine Improves the Operation of the Supreme Court

A little more than two years following its establishment, the Ukrainian Supreme Court is undergoing significant reform of its role in delivering justice. As distinct from the massive judicial reform back in 2017, which was launched by a single comprehensive law, the new overhaul of the Supreme Court is happening gradually.

The Activity of the Arbitrator Under Hungary’s New Arbitration Act

The extent to which a judge may be active in obtaining the facts necessary to adjudicate a dispute or in finding the legal norms on which a decision is based is a fundamental question of any legal proceeding. Can judges invite the parties to present facts which they consider essential? Or can a judge tell the parties that in his or her view the dispute can be settled on the basis of legal provisions which they have not invoked? These fundamental questions apply to arbitrators as well. In this respect, does arbitration give arbitrators a smaller or greater role than that which judges have? Perhaps surprisingly, arbitrators may in fact have stronger powers in this respect than state-authorized judges.