SMARTLEGAL Schmidt & Partners updates

Optional jurisdictional clauses: limited effect in Hungary?
SMARTLEGAL Schmidt & Partners
  • Litigation
  • Hungary
  • 10 March 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 parties? The Supreme Court recently answered this question in a case which highlights the negative effects of such asymmetric choice-of-court agreements.

Penalty claim without prior reservation? Supreme Court confirms estoppel-based practice
SMARTLEGAL Schmidt & Partners
  • Litigation
  • Hungary
  • 18 February 2020

Is a penalty for delayed performance enforceable if the purchaser fails to reserve its rights immediately? Or is enforceability excluded only if the purchaser expressly waives its right? This article analyses the Supreme Court's judgment in a recent construction dispute, in which the court appears to have maintained its estoppel-based practice despite recent legislative changes.

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