{"id":119730,"date":"2025-11-12T14:26:33","date_gmt":"2025-11-12T14:26:33","guid":{"rendered":"https:\/\/my.legal500.com\/guides\/?post_type=comparative_guide&#038;p=119730"},"modified":"2025-11-12T14:26:33","modified_gmt":"2025-11-12T14:26:33","slug":"slovakia-international-arbitration","status":"publish","type":"comparative_guide","link":"https:\/\/my.legal500.com\/guides\/chapter\/slovakia-international-arbitration\/","title":{"rendered":"Slovakia: International Arbitration"},"content":{"rendered":"","protected":false},"template":"","class_list":["post-119730","comparative_guide","type-comparative_guide","status-publish","hentry","guides-international-arbitration","jurisdictions-slovakia"],"acf":[],"appp":{"post_list":{"below_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">SOUKEN\u00cdK \u2013 \u0160TRPKA, s. r. o.<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2021\/11\/soukenik.jpg\"\/><\/span><\/div>"},"post_detail":{"above_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">SOUKEN\u00cdK \u2013 \u0160TRPKA, s. r. o.<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2021\/11\/soukenik.jpg\"\/><\/span><\/div>","below_title":"<span class=\"guide-intro\">This country specific Q&amp;A provides an overview of International Arbitration laws and regulations applicable in Slovakia<\/span><div class=\"guide-content\"><div class=\"filter\">\r\n\r\n\t\t\t\t<input type=\"text\" placeholder=\"Search questions and answers...\" class=\"filter-container__search-field\">\r\n\t\t\t<\/div>\r\n\r\n\t\t\t\r\n\r\n\r\n\t\t\t<ol class=\"custom-counter\">\r\n\r\n\t\t\t\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What legislation applies to arbitration in your country? Are there any mandatory laws?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Since 2015, there are two effective statutes governing the arbitration proceedings. The Act No. 244\/2002 Coll. on Arbitration (\u201cthe Slovak Arbitration Act\u201d) governs procedure of domestic and international commercial arbitrations and also includes provisions regarding recognition and enforcement of foreign arbitration awards. The second one, the Act No. 355\/2014 Coll. on Consumer Arbitration as amended (\u201cthe Slovak Consumer Arbitration Act\u201d) relates to specific arbitrations concerning consumer as a weaker party of the dispute.<\/p>\n<p>In case of Slovak-based arbitrations, Act No. 160\/2015 Coll. Civil Procedure Code governing civil court proceedings applies accordingly pursuant to Sec. 51(2) of the Slovak Arbitration Act. However, that would happen in very limited number of occasions, since procedure would be governed by the Slovak Arbitration Act, institutional arbitration rules, other rules agreed by the parties, procedural orders of the tribunal, etc.<\/p>\n<p>The Slovak Arbitration Act does not stipulate list of mandatory provisions regarding arbitration. However, legal doctrine states that there are some mandatory provisions of the Slovak Arbitration Act due to their nature1:<\/p>\n<p>17 \u2013 Equality of the parties of arbitration<\/p>\n<p>19 \u2013 Effects of submission of request for arbitration<\/p>\n<p>22c and 22d \u2013 Recognition, enforcement and annulment of interim measures<\/p>\n<p>35 \u2013 Effects of arbitral award<\/p>\n<p>40 to 43 \u2013 Annulment of domestic arbitral award<\/p>\n<p>44 \u2013 Enforcement of domestic arbitral award<\/p>\n<p>46 to 50 \u2013 Recognition and enforcement of foreign arbitral award<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is your country a signatory to the New York Convention? Are there any reservations to the general obligations of the Convention?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes. Slovak Republic is a member state of New York Convention since 28th May 1993. Prior to that, Czechoslovakia as a predecessor state was bound by the New York Convention since 10th October 1959.<\/p>\n<p>Czechoslovakia made a reservation that it \u201cwill apply the Convention to recognition and enforcement of awards made in the territory of another contracting State. With regard to awards made in the territory of non-contracting States it will apply the Convention only to the extent to which these States grant reciprocal treatment.\u201d<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What other arbitration-related treaties and conventions is your country a party to?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In addition to the New York Convention Slovakia is a member state to the Convention on the Settlement of Investment Disputes between States and Nationals of Other States of 1965 and various bilateral investment treaties.<\/p>\n<p>Slovakia has also succeeded to European Convention on International Commercial Arbitration of 1961.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is the law governing international arbitration in your country based on the UNCITRAL Model Law? Are there significant differences between the two? Are there any impending plans to reform the arbitration laws in your country?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Since 2014 is Slovakia titled as UNCITRAL Model Law country after notable amendment of the Arbitration Act. It means that the Slovak Arbitration Act reflects particular features and needs of international commercial arbitrations and worldwide consensus on key aspects of international arbitration practice.<\/p>\n<p>One of the provisions of the Slovak Arbitration Act that differs from UNCITRAL Model Law is formulation of reasons for the annulment of an arbitration award. The legislator adhered to the previous Czech-Slovak regulation instead of implementing liberal provision of UNCITRAL Model Law.<\/p>\n<p>As of October 2025, there is no bill currently in inter-ministerial review or before Parliament that specifically seeks to amend the Slovak Arbitration Act. Recent legislative initiatives and governmental priorities have focused on other areas \u2014 notably civil law recodification and insolvency reform. According to the most recent expert analyses, the arbitration framework continues to be shaped primarily by the 2015 reform, with only minor amendments introduced in 2017 and 2020.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What arbitral institutions (if any) exist in your country? When were their rules last amended? Are any amendments being considered?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There are several local arbitration institutions which are quite popular, notably the Arbitration Court of the Slovak Bar Association (Rozhodcovsk\u00fd s\u00fad Slovenskej advok\u00e1tskej komory), Arbitration Court of the Slovak Chamber of Commerce and Industry (Rozhodcovsk\u00fd s\u00fad Slovenskej obchodnej a priemyselnej komory) and Permanent Arbitration Court of the Slovak Bank Association (St\u00e1ly rozhodcovsk\u00fd s\u00fad Slovenskej bankovej asoci\u00e1cie).<\/p>\n<p>However, it should be also noted that the Vienna International Arbitral Centre (\u201cVIAC\u201d) located in Vienna, the capital city of Austria, is very popular option which is frequently opted for even in Slovak Republic. Rules of the VIAC were recently amended and entered into force on 1 July 2021.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is there a specialist arbitration court in your country?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes, pursuant to Sec. 28 of the Civil Procedure Code there are three courts of first instance (Municipal court Bratislava III, District court Bansk\u00e1 Bystrica and Municipal court Ko\u0161ice) specialized on arbitration related cases. Decisions of these courts should be further examined by the regional courts and Slovak Supreme Court.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the validity requirements for an arbitration agreement under the laws of your country?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Pursuant to Sec. 4(2) of the Slovak Arbitration Act the arbitration agreement shall be in writing.<\/p>\n<p>In relation to consumer arbitrations, Sec. 3(2) of the Slovak Consumer Arbitration Act stipulates that the arbitration agreement shall be in writing and also separated from the consumer contract itself. Therefore, arbitration agreement in consumer related matters shall be executed in separate agreement.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are arbitration clauses considered separable from the main contract?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes, they are. Invalidity of the main contract containing arbitration agreement does not constitute invalidity of the arbitration agreement pursuant to Sec. 5(2) of the Slovak Arbitration Act. Withdrawal from the main contract does not result in withdrawal from the arbitration agreement included in the main contract, unless the contracting parties stipulate otherwise pursuant to Sec. 5(3) of the Slovak Arbitration Act.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Do the courts of your country apply a validation principle under which an arbitration agreement should be considered valid and enforceable if it would be so considered under at least one of the national laws potentially applicable to it?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>No. If the parties expressly choose a foreign law to govern their arbitration agreement, that choice is respected and validity is assessed under that chosen law. However, issues of arbitrability (i.e., what may be submitted to arbitration) are always determined under Slovak law. This rule is set out explicitly in Section 5(1) of the Slovak Arbitration Act. The statute does not establish a \u201cmost-favourable law\u201d fallback in the absence of a choice of law. In practice, where the seat of arbitration is in Slovakia, Slovak law will typically govern questions of validity.<\/p>\n<p>Furthermore, at the recognition\/enforcement stage, pursuant to Sec. 40(1) of the Slovak Arbitration Act the court shall annul the arbitration award if the arbitration agreement is found invalid undereither the law stipulated by the parties or Slovak law provided that no governing law for arbitration agreement has been stipulated by the parties. Thus, Slovak courts do not apply validation principle.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are asymmetric arbitration clauses \u2013 for instance, where one party has the right to choose between arbitration or litigation while the other party does not have this option \u2013 valid in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In business-to-business relationships, Slovak law does not expressly prohibit asymmetric arbitration clauses. Party autonomy serves as the starting point: if the clause satisfies statutory requirements, it will generally be upheld. Accordingly, asymmetric arbitration clauses should not, as a matter of principle, be precluded under Slovak law.<\/p>\n<p>By contrast, such asymmetry is highly unlikely to be accepted in consumer arbitrations, where one-sided forum selection clauses are typically considered unfair terms.<\/p>\n<p>For the avoidance of doubt, the validity of asymmetric arbitration clauses has not yet been squarely or comprehensively addressed in Slovak legal doctrine or case law, and there is therefore no definitively settled view on the matter.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">In what instances can third parties or non-signatories be bound by an arbitration agreement? Are there any recent court decisions on these issues?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>These issues are not expressly regulated by the Slovak law. However, Slovak legal doctrine states that it is possible to conclude arbitration agreement in favour of third party pursuant to Sec. 40\/1964 Coll. Civil Code (commentary to the Slovak Arbitration Act (Gyarf\u00e1\u0161, J., \u0160tev\u010dek, M. a kol. Z\u00e1kon o rozhodcovskom konan\u00ed. Koment\u00e1r. Praha: C. H. Beck, 2016, p. 75-76). Such agreement would be valid and effective provided that the third party would give consent to be bound by such an arbitration agreement.<\/p>\n<p>Legal successors (non-signatories) of the contracting parties of arbitration agreement are also bound by arbitration agreement, unless stipulated otherwise pursuant to Sec. 3(2) of the Slovak Arbitration Act in commercial arbitrations and Sec. 3(1) of the Slovak Consumer Arbitration Act in case of consumer arbitrations.<\/p>\n<p>In its recent decision No. 5Ecdo\/16\/2017, Supreme Court of the Slovak Republic annulled the decision of the district and appellate courts which refused to enforce a foreign arbitral award due to the debtor not being a party to the arbitration agreement. The debtor was a guarantor and not party to the secured purchase agreement, but actively involved in the arbitration proceeding of the Geneva Chamber of Commerce, Industry and Services\u202fArbitration court. The Supreme Court came to a conclusion that guarantee, being of secondary nature to the main obligation, follows the applicable law of the main contract \u2013 the purchase agreement. The governing law of the purchase agreement was Swiss law and the Slovak Supreme Court concluded that the mere fact the Swiss law governs the guarantee obligation differently from the Slovak law does not constitute conflict with public order.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any recent court decisions in your country concerning the choice of law applicable to an arbitration agreement where no such law has been specified by the Parties?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The relevant Slovak legal doctrine generally states that governing law of the main contract does not have an impact on determination of governing law of the arbitration agreement and that other factors such as arbitration seat are relevant for determination of governing law of the arbitration agreement instead. (Gyarf\u00e1\u0161, J., \u0160tev\u010dek, M. a kol. Z\u00e1kon o rozhodcovskom konan\u00ed. Koment\u00e1r. Praha: C. H. Beck, 2016, p. 111).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How is the law applicable to the substance determined? Is there a specific set of choice of law rules in your country?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The law applicable to the substance is determined by the agreement of the parties. However, in absence of choice of law the arbitral tribunal shall determine governing law on the basis of appropriate conflict of law rules (See Sec. 31 of the Slovak Arbitration Act). For contractual obligations, this primarily entails applying the Rome I Regulation (EC) No. 593\/2008. For non-contractual obligations, the applicable framework is the Rome II Regulation (EC) No. 864\/2007. In areas not harmonised by EU law, Slovakia\u2019s Private International Law Act No. 97\/1963 Coll. provides residual choice-of-law rules.<\/p>\n<p>It means that the arbitral tribunal shall not apply any kind of law determined upon own discretion. Thus, the arbitral tribunal shall reflect relevant conflict of law rules in case of determination of substantive law and should explain how it was determined in the reasoning of the arbitral award.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">In your country, are there any particular requirements for and\/or restrictions in the appointment of arbitrators?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Arbitrators shall must have full legal capacity and have no criminal records (only intentional crimes and offences are taken into account \u2013 i.e., negligent criminal acts and offences are without prejudice). When an appointing authority \u2014 whether a designated person or a court \u2014 makes an appointment, it must take into account any qualifications agreed upon by the parties and ensure that the appointed arbitrator is independent and impartial. In addition, public officials, judges and certain other professions subject to Slovak law are incompatible with appointment as arbitrator. As per general rule, the arbitrators shall be impartial and to act with due care. Selected arbitrator shall confirm appointment in writing.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can the local courts intervene in the selection of arbitrators? If so, how?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes. Slovak courts may intervene at several stages of the appointment process:<\/p>\n<p><strong>A) Default appointment upon request<\/strong><\/p>\n<p>If the parties have not agreed on an appointment procedure, then:<\/p>\n<p>In a three-member tribunal, each party appoints one arbitrator, and those two appoint the chair. If a party fails to appoint its arbitrator within 15 days of being requested to do so, or if the two co-arbitrators fail to appoint the chair within 30 days, a court (or the \u201cdesignated person\u201d) may make the appointment upon a party\u2019s request.<\/p>\n<p>In a sole-arbitrator tribunal, the court may likewise appoint an arbitrator upon request.<\/p>\n<p>In making the appointment, the court must take into account the qualifications stipulated by the parties and ensure the independence and impartiality of the arbitrator (see Section 8(2) and Section 6(3) of the Slovak Arbitration Act).<\/p>\n<p><strong>B) Appointment of a replacement arbitrator<\/strong><\/p>\n<p>If an arbitrator\u2019s mandate ends and the parties have not agreed on a replacement mechanism, the same court-appointment procedure applies (see Section 11(2) of the Slovak Arbitration Act).<\/p>\n<p><strong>C) Challenges to arbitrators<\/strong><\/p>\n<p>If an internal challenge is rejected or not decided within 60 days, the challenging party may apply to a court to decide the matter. The arbitral tribunal may continue the proceedings in the meantime (see Section 9 of the Slovak Arbitration Act).<\/p>\n<p><strong>D) Termination of mandate by court<\/strong><\/p>\n<p>If an arbitrator becomes unable to act and does not resign or is not removed by agreement of the parties, a party may ask a court to declare the mandate terminated. The decision is final and not appealable (see Section 10(4) of the Slovak Arbitration Act).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can the appointment of an arbitrator be challenged? What are the grounds for such a challenge? What is the procedure for such a challenge?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes. The parties may challenge arbitrator on the basis of impartiality. The parties may agree upon procedure for challenging arbitrators until commencement of the arbitration proceedings. In case of institutional arbitration, institutional arbitration rules may stipulate such a procedure, however the party shall not be deprived of a right to examine unsuccessful challenge before the court (see Sec. 9(3) of the Slovak Arbitration Act).<\/p>\n<p>If the procedure for challenging of arbitrators is neither stipulated by the parties nor by the institutional arbitration rules, then the party shall submit challenge of arbitrator in writing within 15 days from the day when it has become aware of impartiality of the arbitrator. If the challenged arbitrator does not resign or other party would not agree with the challenge, then the arbitral tribunal shall resolve the challenge upon request of the party within 60 days. If the challenge was not successful of if the arbitral tribunal did not render decision within period prescribed above, then the challenging party may request the court to decide on challenge. Appeal against decision of court regarding challenge is not possible.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Have there been any recent developments concerning the duty of independence and impartiality of the arbitrators, including the duty of disclosure?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>No new rules or provisions have been adopted recently in this respect.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are arbitrators immune from liability?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Slovak law does not grant arbitrators any statutory immunity from civil liability. While the Slovak Arbitration Act imposes certain duties on arbitrators (including independence, impartiality, and continuous disclosure), it contains no provision shielding them from civil claims where those duties (or other legal obligations) are breached.<\/p>\n<p>In Case No. 2 Obdo\/39\/2021, the Slovak Supreme Court clarified that the relationship between the parties and the arbitrators is contractual in nature and is governed by the Slovak Civil Code. As a result, arbitrators may, in principle, be held liable for damages arising from a breach of their duties. This decision confirms that arbitrators are not immune from civil liability under Slovak law.<\/p>\n<p>An open question remains whether arbitrators could be immune from liability based on the agreement or based on the procedural rules. For example, the procedural rules of the Arbitration Court of the Slovak Bar Association (Rozhodcovsk\u00fd s\u00fad Slovenskej advok\u00e1tskej komory) exclude arbitrator liability except in cases of wilful misconduct (Article XII(1)). The validity of such exclusions is questionable because Section 574(2) of the Slovak Civil Code prohibits waivers of claims arising in the future. To date, Slovak courts have not addressed whether Article XII(1) constitutes an invalid waiver within the meaning of Section 574(2). Accordingly, the enforceability of these liability exclusions remains uncertain. However, in light of the current wording of Section 574(2), it is reasonable to conclude that waivers of liability are likely to be precluded.<\/p>\n<p>Separately, arbitrators may also face criminal liability under the Slovak Criminal Code. Section 326a (\u201cbending of law\u201d) criminalises intentional arbitrary application of law by an arbitrator that harms or unduly benefits a party. The baseline penalty is imprisonment for one to five years, with higher ranges for aggravated cases. Arbitrators may also be prosecuted for general offences such as bribery, acceptance of bribes, fraud, or related corruption crimes. If criminal conduct results in loss, the injured party may seek compensation through an adhesion claim within the criminal proceedings.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is the principle of competence-competence recognized in your country?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes. This principle is reflected in Sec. 21(1) of the Slovak Arbitration Act which stipulates that the tribunal is entitled to decide on jurisdiction including objections regarding existence or validity of arbitration agreement. If the tribunal issues a preliminary ruling affirming its jurisdiction, the objecting party may seek a court determination within 30 days. Meanwhile the tribunal may continue the arbitration proceedings and render an award pending that review (Sec. 21(4) of the Slovak Arbitration Act).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the approach of local courts towards a party commencing litigation in apparent breach of an arbitration agreement?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Slovak courts examine whether a dispute must be referred to arbitration only if the defendant raises a timely objection to the court\u2019s jurisdiction based on an arbitration agreement &#8211; typically in the first defence (answer to the claim) under the Civil Procedure Code (Act No. 160\/2015 Coll.). If the objection is well-founded (i.e., a valid and applicable arbitration agreement covers the claim), the court will terminate the litigation.<\/p>\n<p>Accordingly, the defendant must invoke the arbitration agreement at the earliest opportunity; if they fail to do so in time, the court will generally proceed with the lawsuit despite the existence of the arbitration clause.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What happens when a respondent fails to participate in the arbitration? Can the local courts compel participation?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Slovak law does not provide for the authority of the local courts to compel participation of party in the arbitration (provided that respondent was duly notified of the proceedings). In such case the arbitral tribunal would conduct proceeding without respondent (and would draw adverse inferences from inactivity of the respondent).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can third parties voluntarily join arbitration proceedings? If all parties agree to the intervention, is the tribunal bound by this agreement? If all parties do not agree to the intervention, can the tribunal allow for it?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Voluntary joinder is possible only on the basis of consent. The arbitral tribunal can accept an additional party if (and only if) that person is already bound by the arbitration agreement (e.g., as a signatory, legal successor, assignee) or becomes bound by a written accession (tripartite agreement or other valid written act). The Slovak Arbitration Act does not empower arbitral tribunal to compel joinder of a non-consenting third party.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What interim measures are available? Will local courts issue interim measures pending the constitution of the tribunal? Are anti-suit and\/or anti-arbitration injunctions available and enforceable in your country?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Local courts would may issue interim measures either prior to commencement of arbitration or during the constitution of the tribunal in pending arbitration proceeding (Sec. 2(2) of the Slovak Arbitration Act).<\/p>\n<p>Sec. 22 (3) provides a non-exhaustive list of interim measures that may be granted, including orders requiring a party to the arbitration proceeding to:<\/p>\n<ul>\n<li>deposit certain amount or asset to court\u2019s custody,<\/li>\n<li>refrain from disposing of certain right or assets,<\/li>\n<li>take, refrain from, or tolerate certain actions,<\/li>\n<li>secure certain evidence.<\/li>\n<\/ul>\n<p>Anti-suit or anti-arbitration injunctions are not available under Slovak law. However, pursuant to Sec. 5(1) of the Civil Procedure Code, in litigation the respondent may object in his answer to claim that the dispute shall be heard and resolved in arbitration proceeding. Conversely, if arbitration proceeding has been initiated before litigation, Sec. 8(1) of the Civil Procedure Code provides that the court shall suspend the litigation until the arbitral tribunal decides on its jurisdiction or on the merits of the case.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there particular rules governing evidentiary matters in arbitration? Will the local courts in your jurisdiction play any role in the obtaining of evidence? Can local courts compel witnesses to participate in arbitration proceedings?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The tribunal shall consider only evidence submitted by the parties and is free in assessment of evidence. Furthermore, the tribunal is free in selection of method of taking evidence. Apart from that, there are no specific rules governing evidentiary matters in arbitration. Evidentiary matters in arbitration are lightly regulated by statute, leaving broad discretion to the tribunal (subject to due process requirements).<\/p>\n<p>Slovak courts may assist the tribunal in taking evidence provided that the tribunal is not able to obtain evidence (Sec. 27 subs. 3 of the Slovak Arbitration Act). However, local courts shall not compel witnesses to participate in arbitration proceedings, as admitted by explanatory memorandum to the Slovak Arbitration Act. There is no legal duty to provide witness statement in arbitration proceedings.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What ethical codes and other professional standards, if any, apply to counsel and arbitrators conducting proceedings in your country? Do these codes and professional standards apply only to counsel and arbitrators having the nationality of your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Slovak counsels are bound by the Act on Advocacy and by ethical guidelines issued by the Slovak Bar Association.<\/p>\n<p>Arbitrators shall act with due care, independently and impartially.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">In your country, are there any rules with respect to the confidentiality of arbitration proceedings?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Arbitrators shall keep confidentiality over all information related to arbitration proceedings pursuant to Sec. 8 (4) of the Slovak Arbitration Act (even after termination of the proceedings): An arbitrator shall, even after the end of his mandate, keep confidential all facts of which he became aware during or in connection with the performance of his function as an arbitrator, unless otherwise stated in this Act or special laws. The arbitrator may be relieved of this obligation only by the parties to the respective arbitration. The confidentiality obligation of the arbitrator under this Act does not apply to disclosure of information to law enforcement authorities and courts for the purpose of their proceedings in connection with the subject matter of the arbitration, arbitration procedure or other matters relating to the performance of the arbitrator\u2019s function or activity of the permanent court of arbitration and in connection does not apply to disclosure of information to inspection authorities in scope of their duties pursuant to special laws.<\/p>\n<p>Sec. 26(1) of the Slovak Arbitration Act represents other provision related to confidentiality of arbitration stipulating that oral proceedings in arbitration are not public unless otherwise agreed between the parties.<\/p>\n<p>If public entity is one of the parties, then such a public entity shall limit provision of information or reject provision of information related to arbitration proceedings (except information regarding outcome of arbitration proceedings) pursuant to 11(1)(e) of the Act No. 211\/2000 Coll. on free access to information.<\/p>\n<p>There are no other rules of the Slovak law directly linked to confidentiality of arbitration except aforementioned provisions.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How are the IBA guidelines on conflicts of interest and other similar soft law sources viewed by courts and tribunals in your jurisdiction? Are they frequently applied?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The IBA Guidelines on Conflicts of Interest and other soft-law (e.g., IBA Evidence Rules) are not binding under Slovak law. There is no Slovak case law in this regard.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How are the costs of arbitration proceedings estimated and allocated? Can pre- and post-award interest be included on the principal claim and costs incurred?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Post-award statutory default interest should be included on the principal claim and costs incurred. Unless agreed otherwise, Ppre-award interest would be claimable only in relation to principal claim in certain situations which are foreseen by the contract or the governing law.<\/p>\n<p>Pursuant to Slovak law, pre- and post-award interests may be granted by the arbitral tribunal since these are considered as claims of substantive law pursuant to either Commercial Code (main ECB interest + 8% or 9% of the claim unless contractually stipulated otherwise) or Civil Code (main ECB interest + 5% of the claim). Interest may be claimed from the date when the claim has become due and payable up to date of payment.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How are applications for security for costs viewed in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The Slovak Arbitration Act does not contain a dedicated or standalone provision on security for costs. In theory, tribunals may rely on their interim measure powers to order a party to deposit funds and, where appropriate, require the applicant to provide counter-security for any potential loss. Tribunals may also make use of advances on costs under the applicable institutional rules.<\/p>\n<p>However, in practice, such orders are infrequent in Slovakia.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What legal requirements are there in your country for the recognition and enforcement of an award? Is there a requirement that the award be reasoned, i.e. substantiated and motivated?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Foreign awards are recognized and enforced on the basis of the New York Convention and Sec. 46\u201350 of the Slovak Arbitration Act. Party seeking recognition and enforcement of foreign arbitral award shall submit written request for the recognition and enforcement of foreign award accompanied with foreign award and arbitration agreement. Translation of these documents should be submitted as well provided that these documents were not originally produced in Slovak.<\/p>\n<p>If the law of the country where the arbitration proceedings were conducted would stipulate that the award should be reasoned, then foreign award without reasoning would not be recognized and enforced pursuant to Sec. 50(1)(d) of the Slovak Arbitration Act.<\/p>\n<p>In relation to domestic arbitral awards, these should be annulled in case when award is not reasoned. Pursuant to Sec. 40(1)(a)(4) the court shall annul domestic arbitral award if arbitration proceeding was conducted contrary to provision of the Slovak Arbitration Act. Pursuant to Sec. 34(2)(g) of the Slovak Arbitration Act the arbitral award should be reasoned, unless the parties agreed otherwise or resolved the case by settlement.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the estimated timeframe for the recognition and enforcement of an award (domestic and international)? Can a party bring a motion for the recognition and enforcement of an award on an ex parte basis? Would the standard of review be different for domestic and international awards?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Domestic arbitral awards are enforceable in the same manner as court judgments once the award\u2019s voluntary payment period expires. The creditor may proceed directly to judicial enforcement without any separate recognition proceedings.<\/p>\n<p>In relation to foreign awards, a separate exequatur is generally not required. Recognition is treated as a preliminary question by the enforcement court, which then enforces the award as if it were domestic. Pursuant to Section 49(1) of the Slovak Arbitration Act, recognition and enforcement of a foreign award is carried out automatically, without the need for special recognition proceedings.<\/p>\n<p>There is no fixed statutory timeframe for recognition and enforcement, as these are handled within the standard enforcement procedure. However, recognition and enforcement may be objected to under Section 50 of the Slovak Arbitration Act, which can affect the overall duration of the proceedings. The length of the process may vary depending on procedural complexity, court workload, and the nature of any objections raised. Complex awards (large amounts involved, multiple claims, asset tracing required, potential public policy issues) will take much longer than simpler debt enforcement cases<\/p>\n<p>Under the Slovak laws, enforcement of arbitral awards is not ex parte. Even though the recognition of foreing awards is automatic, the respondent is still notified of the proceeding and can raise objections during the enforcement proceeding.<\/p>\n<p>There is no review of the merits in either domestic or international cases. Domestic awards are directly enforceable, and any challenge must be brought through a separate set-aside action. Foreign awards are subject only to refusal grounds equivalent to those under the New York Convention, as codified in the Slovak Arbitration Act.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can arbitration awards be appealed or challenged in local courts? What are the grounds and procedure in this regard? Is it possible for parties to waive any rights of appeal or challenge to an award by agreement?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Arbitration awards may not be appealed. On the other hand, domestic arbitration awards may be challenged (annulled) for the reasons stipulated in Sec. 40 (1) of the Slovak Arbitration Act:<\/p>\n<p>defects of arbitration agreement;<\/p>\n<p>ex-parte arbitration;<\/p>\n<p>dispute is outside the scope of arbitration agreement\/arbitration agreement was not concluded;<\/p>\n<p>procedural defects significantly impacting arbitral award itself; and<\/p>\n<p>dispute is non-arbitrable or award would be contrary to Slovak public policy.<\/p>\n<p>Party seeking annulment of arbitral award shall submit claim to the local court within 60 days since the arbitral award was delivered.<\/p>\n<p>Under Section 40(4) of the Slovak Arbitration Act, and as confirmed by the Regional Court in Bansk\u00e1 Bystrica (43CoR\/3\/2021), a party must raise its objections during the arbitration proceedings as a precondition to invoking those same objections in a subsequent set-aside (annulment) proceeding. An exception applies to objections based on non-arbitrability or public policy, which may be raised even if not asserted before the tribunal.<\/p>\n<p>Issues i \u2013 iv. listed above shall be proven by the party seeking annulment while issue v. shall be considered by the local courts without any activity of the party seeking annulment of the award. It is also important to emphasize that the arbitral award remains enforceable during annulment proceedings, unless the court decides that enforceability is postponed.<\/p>\n<p>Section 42 of the Slovak Arbitration Act expressly forbids waiver of right for challenge to an award. It is not possible to waive a right to challenge an award by agreement in advance.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">In what instances can third parties or non-signatories be bound by an award? To what extent might a third party challenge the recognition of an award?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Third party is not entitled to challenge recognition and enforcement of an award since this right only belongs to a party against which a foreign arbitral award is recognized or enforced (Sec. 50 subs. 1 of the Slovak Arbitration Act). Similarly, third parties are not entitled to apply for annulment of domestic arbitral awards before local courts. Under Sec. 40 (1) of the Slovak Arbitration Act, only the parties to the arbitration proceedings are entitled to bring such claim.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any rules \/ court decisions that regulate or prohibit third party funding of arbitration proceedings \u2013 for instance, where funding by an entity not involved in the dispute in return for a share of the eventual award may be barred \u2013 in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>No, there are no rules or recent court decisions of local courts in this matter.<\/p>\n<p>However, there is a notable decision held in ICSID, involving Slovak Republic as a defendant. In ICSID Case No. ARB\/14\/14 (EuroGas v Slovak Republic) Slovak Republic had applied for security for costs on the basis that the claimants are funded by a third-party litigation funder. The tribunal refused the application stating that security for costs may only be granted in exceptional circumstances while third party funding does not meet such criteria. Presence of third part funding does not itself justify security for costs.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is emergency arbitrator relief available in your country? Are decisions made by emergency arbitrators readily enforceable?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes. Pursuant to Sec. 22(1) of the Slovak Arbitration Act the arbitral institution (emergency arbitrators) may grant interim measure upon request of party prior to constitution of arbitral tribunal. However, decisions made by emergency arbitrators would be enforceable only if the parties in arbitration agreement conclude that reliefs made by emergency arbitrators are permitted.<\/p>\n<p>Therefore, active approach of the parties in this matter is necessary.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there arbitral laws or arbitration institutional rules in your country providing simplified or expedited procedures for claims under a certain value? Are they often used?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The Slovak law does not stipulate special rules in relation to simplified or expedited procedures. On the other hand, the Slovak Arbitration Act does not prevent parties from choosing simplified or expedited procedures pursuant to institutional rules. Therefore, institutional rules of simplified or expedited proceedings are applicable if provided in the procedural rules of the respective arbitration court.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Have there been any recent court decisions in your country considering the setting aside of an award that has been enforced in another jurisdiction or vice versa?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In its recent decision No. 5Ecdo\/16\/2017, Supreme Court of the Slovak Republic annulled the decision of the district and appellate courts which refused to enforce a foreign arbitral award due to the debtor not being a party to the arbitration agreement. The debtor was a guarantor and not party to the secured purchase agreement, but actively involved in the arbitration proceeding of the Geneva Chamber of Commerce, Industry and Services\u202fArbitration court. The Supreme Court came to a conclusion that guarantee, being of secondary nature to the main obligation, follows the applicable law of the main contract \u2013 the purchase agreement. The governing law of the purchase agreement was Swiss law and the Slovak Supreme Court concluded that the mere fact the Swiss law governs the guarantee obligation differently from the Slovak law does not constitute conflict with public order. The Constitutional Court of the Slovak Republic did not uphold the constitutional complaint against the Supreme Court decision No. 5Ecdo\/16\/2017 and held for the courts may only refuse to enforce the arbitral award in such cases where arbitral proceedings as a whole show that the process was not fair. Not every violation of due process necessarily leads to refusal of enforcement of the arbitral award (Slovak Constitutional Court case No. III \u00daS 433\/2021 dated 29 March 2023).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Have there been any recent court decisions in your country considering the issue of corruption? What standard do local courts apply for proving corruption? Which party bears the burden of proving corruption?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There are no recent domestic court decisions regarding issue of corruption in arbitration.<\/p>\n<p>Arbitral awards impacted by criminal offences of arbitrators, experts or witnesses (including corruption) would be annulled or non-enforceable due to inconsistency with public policy. This is explicitly stated in explanatory memorandum to Act No. 336\/2014 Coll. amending and supplementing the Slovak Arbitration Act.<\/p>\n<p>On the basis of presumption of innocence, the suspect is deemed not guilty unless proven otherwise in criminal proceedings by the prosecutor.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Have there been any recent court decisions in your country with respect to intra-European investor-State arbitration generally or enforcement of awards stemming from proceedings of this nature? Are there any pending decisions?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There are currently no recent Slovak court rulings specifically addressing recognition or enforcement of intra-EU investor\u2013State arbitral awards. Slovak courts are expected to follow the CJEU case law (Achmea\/Komstroy\/PL Holdings case law). Slovakia is party to the 2020 Intra-EU BIT Termination Agreement, therefore enforcement of intra-EU BIT or intra-EU ECT awards is likely to be refused on EU-law grounds. This aligns with broader post-Achmea trend in the EU of non-enforcement of such arbitral awards within EU Member States. To date, there are no publicly reported Slovak cases pending on this issue.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Have arbitral institutions in your country implemented reforms towards greater use of technology and a more cost-effective conduct of arbitrations? Have there been any recent developments regarding virtual hearings?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There have been no recent developments by Slovak domestic arbitral institutions focused at promoting greater use of technology and more cost-effective conduct of arbitrations or conduct of virtual hearings.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Have there been any recent developments in your jurisdiction with regard to disputes involving ESG issues such as climate change, sustainability, social responsibility and\/or human rights?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There were no notable developments in the recent years. In February 2021, the European Commission referred Slovak Republic to the European Court of Justice over poor air quality due to high levels of particulate matter.<\/p>\n<p>In the neighbouring Czech Republic, the claimants \u2013 Czech NGO, Czech municipality Svat\u00fd Jan pod Skalnou and four Czech citizens filed in April 2021 a lawsuit against the Czech Ministry of Environment, Ministry of Industry and Trade, Ministry of Agriculture, Ministry of Transport and the Government of the Czech Republic for being inactive on climate change and to protect their human rights such inaction of public authorities is causing.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Have any international economic sanctions regimes been implemented (either independently, or based on EU law) in your jurisdiction recently? Have there been any recent decisions in your country considering the impact of sanctions on international arbitration proceedings?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Slovakia implements UN\/EU and any national sanctions under the Act on the Implementation of International Sanctions (No. 289\/2016 Coll.), recently amended by 387\/2024 Coll. and 157\/2025 Coll. (effective 1 August 2025).<\/p>\n<p>The EU\u2019s 15th Russia sanctions package (December 2024) introduced a ban on recognizing and enforcing certain Russian court judgments (incl. anti-suit and anti-arbitration decisions under Art. 248 of the APC) that undermine jurisdiction or arbitration agreements. This ban is binding on Slovak courts.<\/p>\n<p>As of today, no Slovak court decisions have been reported that specifically address the impact of international sanctions on the arbitration proceedings (e.g., in respect to tribunal constitution, seat challenges, public policy at recognition and enforcement stage). We expect Slovak courts to apply the EU sanctions framework ban on recognising Russian anti-suit and anti-arbitration decisions and the general Slovak sanctions statute where relevant. However, to date no test case has been reported.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Has your country implemented any rules or regulations regarding the use of artificial intelligence, generative artificial intelligence or large language models in the context of international arbitration?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Neither the Slovak Arbitration Act nor the principal institutional rules contain provisions on use of AI in arbitral proceedings.<\/p>\n<p>The general EU framework applies. The EU AI Act is in force with phased obligations for users and providers (including general-purpose AI models) rolling out between February and August 2025. These obligations will apply in Slovakia without any arbitration-specific carve-outs.<\/p>\n<p>In addition, there are relevant soft-law instruments that may be considered to guide the use of AI in the in Slovakia seated arbitrations:<\/p>\n<p>The Chartered Institute of Arbitrators\u2019 Ciarb Guideline on the Use of AI in Arbitration (Mar 2025) -\u2013 providing principle-based guidance for parties and arbitral tribunals. This guideline supports the responsible integration of AI into the arbitral proceedings in a way that promotes ethical practise, procedural efficiency and compliance with due process requirements.<\/p>\n<p>Vienna International Arbitral Centre\u2019s VIAC Note on AI (Jan 2025) -\u2013 providing practical guardrails when for use ofing AI tools in VIAC-administered cases (useful by analogy at Slovak seats give the regional proximity).<\/p>\n<p>At the moment, Slovakia has no AI-specific arbitration rules. The use of AI in Slovakia-seated international arbitrations is governed by EU AI Act and any soft-law or institutional guidance adopted by the arbitral tribunals or agreed by the parties. the tribunal adopts by analogy.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\r\n<div class=\"word-count-hidden\" style=\"display:none;\">Estimated word count: <span class=\"word-count\">6590<\/span><\/div>\r\n\r\n\t\t\t<\/ol>\r\n\r\n<script type=\"text\/javascript\" src=\"\/wp-content\/themes\/twentyseventeen\/src\/jquery\/components\/filter-guides.js\" async><\/script><\/div>"}},"_links":{"self":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide\/119730","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide"}],"about":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/types\/comparative_guide"}],"wp:attachment":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/media?parent=119730"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}