Slovak courts are often requested to issue preliminary
injunctions in civil or commercial disputes. A preliminary
injunction serves primarily as a tool to prevent
certain actions or harmful effects, e.g., not to dispose
of real estate property in order to prevent undesired disposal, or
not to terminate a certain contract. A Slovak court may order a
preliminary injunction either (i) if it is necessary, without
delay, to determine (legal) relations, or (ii) if there is a threat
that the potential enforcement may be endangered.
It is also possible to ask a Slovak court to issue a preliminary
injunction prior to the initiation of arbitration proceedings, or
following the initiation of the arbitration proceedings but prior
to the appointment of an arbitrator/arbitral tribunal. However,
after the initiation of arbitration proceedings and appointment of
an arbitrator/arbitral tribunal, the arbitration court has
exclusive jurisdiction to issue a preliminary injunction.
