CEU Electronic Theses and Dissertations, 2014
| Author | Várady, Szilvia |
|---|---|
| Title | LIMITATIONS TO ARBITRABILITY BASED ON THE INTEREST OF THE STATE WITH A SPECIAL FOCUS ON HUNGARY |
| Summary | This thesis addresses questions that arise in connection with arbitrability in general and particularly with arbitrability as a limitation to the power of the tribunal and the parties to resolve a case through arbitration. The evaluation is made focusing on those limitations that are justified by the interest or perceived interest of the state, with a particular attention to the recent legislations enacted by Hungary and the relation to such legislation to bilateral and multilateral international treaties. By analyzing specifically the limitations to arbitrability of disputes, where national asset would be subject to the arbitration, the paper draws the conclusion that from one point of view the solution adopted by Hungary might, in a short run, be able to “protect” national asset by way of ensuring state control over the disputes. However, such restrictive approach could easily trigger harmful side effects as well, that could be detrimental to the position of Hungary in terms of international investments. |
| Supervisor | Várady Tibor |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2014/varady_szilvia.pdf |
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