SMARTLEGAL Schmidt & Partners

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Does choice of court amount to choice of law?

October 6 2020 Does commencing litigation in England with regard to a Hungarian project amount to a choice of English law? How much of a role do the parties'…

Supreme Court rules on whether legal successors can be sued at place of performance of contract

July 21 2020 Due to the protective measures of the EU Recast Brussels I Regulation, persons domiciled in an EU member state can be sued in another member state…

Optional jurisdictional clauses: limited effect in Hungary?

March 10 2020 Can a party commence litigation in Hungary despite a jurisdictional agreement in favour of a court of a non-EU State which is optional for one of the…

Supreme Court judgment: choice of law by conduct in litigation?

April 7 2020 Can parties' conduct during litigation amount to an implied choice-of-law agreement based on EU Regulation 593/2008? This article analyses a recent…

Can a judicial error create Hungarian jurisdiction if the place of performance is abroad?

May 4 2021 This article analyses a recent Supreme Court decision concerning the Hungarian courts' jurisdiction in a dispute arising from an international sales…

Is a judge biased if they have issued an unfavourable judgment in another case?

May 25 2021 Can a judge be disqualified from deciding a legal dispute on the grounds of bias if they have delivered a judgment which is unfavourable to the…

Can a judicial error create Hungarian jurisdiction if the place of performance is abroad?

May 4 2021 This article analyses a recent Supreme Court decision concerning the Hungarian courts' jurisdiction in a dispute arising from an international sales…

Excessive res judicata effect - are test cases in danger?

March 23 2021 The Supreme Court recently concluded that the res judicata effect of a final judgment precludes the claimant from starting new litigation on the same…

CCP amendment: fairer balance between form and content

February 23 2021 The Civil Code of Procedure, which has been criticised for sacrificing fundamental rights to achieve accelerated civil proceedings, has finally been…

Can judges control excessive terms in lease agreements?

November 24 2020 Can parties stipulate in a commercial lease that a user charge amounting to three times the monthly rent will apply if the lessee fails to vacate the…