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  • 1.

    Court system
    What is the structure of the civil court system?

  • 2.

    Judges and juries
    What is the role of the judge and the jury in civil proceedings?

  • 3.

    Limitation issues
    What are the time limits for bringing civil claims?

  • 4.

    Pre-action behaviour
    Are there any pre-action considerations the parties should take into account?

  • 5.

    Starting proceedings
    How are civil proceedings commenced? How and when are the parties to the proceedings notified of their commencement? Do the courts have the capacity to handle their caseload?

  • 6.

    What is the typical procedure and timetable for a civil claim?

  • 7.

    Case management
    Can the parties control the procedure and the timetable?

  • 8.

    Evidence - documents
    Is there a duty to preserve documents and other evidence pending trial? Must parties share relevant documents (including those unhelpful to their case)?

  • 9.

    Evidence - privilege
    Are any documents privileged? Would advice from an in-house lawyer (whether local or foreign) also be privileged?

  • 10.

    Evidence - pretrial
    Do parties exchange written evidence from witnesses and experts prior to trial?

  • 11.

    Evidence - trial
    How is evidence presented at trial? Do witnesses and experts give oral evidence?

  • 12.

    Interim remedies
    What interim remedies are available?

  • 13.

    What substantive remedies are available?

  • 14.

    What means of enforcement are available?

  • 15.

    Public access
    Are court hearings held in public? Are court documents available to the public?

  • 16.

    Does the court have power to order costs?

  • 17.

    Funding arrangements
    Are ‘no win, no fee’ agreements, or other types of contingency or conditional fee arrangements between lawyers and their clients, available to parties? May parties bring proceedings using third-party funding? If so, may the third party take a share of any proceeds of the claim? May a party to litigation share its risk with a third party?

  • 18.

    Is insurance available to cover all or part of a party’s legal costs?

  • 19.

    Class action
    May litigants with similar claims bring a form of collective redress? In what circumstances is this permitted?

  • 20.

    On what grounds and in what circumstances can the parties appeal? Is there a right of further appeal?

  • 21.

    Foreign judgments
    What procedures exist for recognition and enforcement of foreign judgments?

  • 22.

    Foreign proceedings
    Are there any procedures for obtaining oral or documentary evidence for use in civil proceedings in other jurisdictions?

  • 23.

    UNCITRAL Model Law
    Is the arbitration law based on the UNCITRAL Model Law?

  • 24.

    Arbitration agreements
    What are the formal requirements for an enforceable arbitration agreement?

  • 25.

    Choice of arbitrator
    If the arbitration agreement and any relevant rules are silent on the matter, how many arbitrators will be appointed and how will they be appointed? Are there restrictions on the right to challenge the appointment of an arbitrator?

  • 26.

    Arbitrator options
    What are the options when choosing an arbitrator or arbitrators?

  • 27.

    Arbitral procedure
    Does the domestic law contain substantive requirements for the procedure to be followed?

  • 28.

    Court intervention
    On what grounds can the court intervene during an arbitration?

  • 29.

    Interim relief
    Do arbitrators have powers to grant interim relief?

  • 30.

    When and in what form must the award be delivered?

  • 31.

    On what grounds can an award be appealed to the court?

  • 32.

    What procedures exist for enforcement of foreign and domestic awards?

  • 33.

    Can a successful party recover its costs?

  • 34.

    Types of ADR
    What types of ADR process are commonly used? Is a particular ADR process popular?

  • 35.

    Requirements for ADR
    Is there a requirement for the parties to litigation or arbitration to consider ADR before or during proceedings? Can the court or tribunal compel the parties to participate in an ADR process?

  • 36.

    Are there any particularly interesting features of the dispute resolution system not addressed in any of the previous questions?

  • Updates and trends

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Nagy és Trócsányi was founded in 1991, incorporated in 1992, with the aim of offering sophisticated legal services. We continue to seek excellence in a comprehensive and modern practice, which spans international commercial and business law.

View more information about Nagy és Trócsányi Ügyvédi Iroda

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