Transnational Arbitration

#YoungITATalks Budapest

“Da mihi factum, dabo tibi ius” – Fact Finding and Iura Novit Curia in Arbitration: How Far Do Arbitrators’ Powers Reach?

Budapest, Hungary

Registration Open

Please note safety requirements below.

Aula Magna, Eötvös Loránd University Faculty of Law
1053 Budapest, Egyetem tér 1-3 (Hungary)

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Registrar: +1.972.244.3403
ITA: +1.972.244.3414
Fax: +1.972.244.3401
E-Mail: ita@cailaw.org

Overview

Presented by Young ITA

Co-Sponsored by Eötvös Loránd University Faculty of Law, Budapest

#YoungITATalks is a series of local events presented around the world, featuring talks, workshops or interviews that cover a wide range of subjects relating to arbitration. The #YoungITATalks series is designed for education, conversation and sharing knowledge and experiences among young practitioners.

Da mihi factum, dabo tibi ius” – Fact Finding and Iura Novit Curia in Arbitration: How Far Do Arbitrators’ Powers Reach?

Debate and Perspectives from CEE

Can the arbitrators develop the legal reasoning themselves or are they required to stay within the limits of the legal arguments and provisions submitted by the parties? Can arbitrators engage in fact-finding and evidence-taking missions sua sponte or do they have to make the award on the facts submitted by the parties? Universal questions closely connected to the guiding principles of arbitration, with specific relevance in CEE jurisdictions (see the Prague Rules or § 40 of the new HCCI (Budapest) Arbitration Rules, for example). But where is the truth? Is there an optimal approach? Let’s try find out!

Join us for two dynamic debates with speakers – arbitrators, counsel and academics active in the region and beyond – arguing for broad vs limited “fact- and law-finding” powers of arbitrators, preceded and followed by polls and discussions with the audience in Budapest at the very first event presented by Young ITA in Central and Eastern Europe!

Safety Requirements

The event and participation are subject to current regulations with respect to the COVID-19 pandemic, which may change in view of the actual situation. As per the current rules, participation is possible only with an immunity certificate (Covid control and Covid passport apps are accepted). The wearing of face masks is obligatory on Faculty premises. The number of participants is restricted, thus participation will be possible only subject to prior confirmation of successful registration, of which registrants will be notified along with any changes, if necessary.

Thanks to the generosity of our sponsor, this event is tuition-free.

  • Dr. Viktor Cserép, Young ITA Central and Eastern Europe Chair
    Senior Associate, PROVARIS Varga and Partners, Budapest
  • Prof. Dr. István Varga, Managing Partner, Head of Litigation and Arbitration, PROVARIS Varga and Partners Budapest
    Chair Professor, Dep. of Civil Procedure Law at ELTE Faculty of Law, Budapest
  • Dr. Miklós Boronkay, Partner, Head of Dispute Resolution
    Szecskay Attorneys Budapest
  • Dr. Veronika Korom, Partner, Queritius
    Assistant professor at ESSEC Business School, Paris
    President of the Hungarian Arbitration Association
  • Dr. Viktor György Radics, Partner, Head of Dispute Resolution,
    DLA Piper Budapest

Schedule and Faculty

10:00 a.m.


Registration

10:15 a.m.


Welcome

Dr. Viktor Cserép
Young ITA Central and Eastern Europe Chair
Senior Associate, PROVARIS Varga and Partners, Budapest

10:30 a.m.


#1 Debate Proposition: Da mihi factum – give me the facts (or not)!

The debaters will argue for the two opposing propositions: “Sua sponte – broad, fact-finding and evidence taking powers for arbitrators!” vs “Work with what you got – arbitrators are limited to the facts the parties submit!”

ModeratorDr. Viktor Cserép

Panelists

  • Prof. Dr. István Varga
    Managing Partner, Head of Litigation and Arbitration, PROVARIS Varga and Partners Budapest
    Chair Professor, Dep. of Civil Procedure Law at ELTE Faculty of Law, Budapest
  • Dr. Miklós Boronkay
    Partner, Head of Dispute Resolution,
    Szecskay, Budapest

11:15 a.m.


Poll

11:20 a.m.


#2 Debate Proposition: Dabo tibi ius – I will give you the law (or can I)?

The debaters will argue for the two opposing propositions: “Iura novit arbiter: arbitrators develop the legal reasoning (themselves)!” vs “Not so fast – arbitrators cannot go beyond the legal arguments and provisions submitted by the parties!”.

ModeratorDr. Viktor Cserép

Panelists:

  • Dr. Veronika Korom
    Partner, Queritius
    Assistant professor at ESSEC Business School, Paris
    President of the Hungarian Arbitration Association
  • Dr. Viktor György Radics
    Partner, Head of Dispute Resolution,
    DLA Piper Budapest

12:05 a.m.


Poll and discussion

12.15 a.m.


Adjourn

Other Information

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