Slovak Republic
Slovak Republic
Region
High-income OECD
Income Category
High income
Most populous city
Bratislava

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Arbitrating Commercial Disputes

This index compares the strength of countries’ arbitration regimes by examining the laws and regulations governing domestic and international arbitrations, as well as the countries’ adherence to specific international conventions.

QuestionAnswer
* Does your national law recognize arbitration as a means of dispute resolution between private parties in commercial transactions? Yes
* Has your country enacted a specific statute on commercial arbitration? Yes
Please list the relevant laws and the years of their adoption Act No. 244/2002 Coll., on Arbitration, of April 3, 2002 (“Arbitration Act”).

This act governs the resolution of proprietary disputes arising out of either local or international commercia ...morel or civil relationships, when the place of arbitration ...less
* Please indicate the Web site(s) where the statute(s) can be consulted http://zbierka.sk/zz/predpisy/default.aspx?PredpisID=16443&FileName=02-z244&Rocnik=2002
...moreref="http://jaspi.justice.gov.sk/jaspiw1/htm_zak/jaspiw_maxi_zak_fr0.htm">http://jaspi.justice.gov.sk/jaspiw1/htm_zak/jaspiw_maxi_zak_fr0.htm
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Is the statute based on UNCITRAL? Yes
Comment The key philosophy of the UNCITRAL Model Law has been incorporated into the Act No. 244/2002 Coll. on Arbitration Procedure, as amended ("Arbitration Act").
1. While the Model Law deals only ...more with ad hoc arbitration, the Arbitration Act contains detailed provisions regulating permanent arbitration courts.
2. The Arbitration Act governs not only international arbitration, but also domestic arbitration; moreover it is not limited to disputes of a commercial nature, but extends to the whole area of civil law.
3. The definition of the "arbitration agreement" is in both cases almost the same. However, the following matters that cannot be subject to the arbitration under the Arbitration Act: matters related to legal titles to real estate, personal status matters (e.g. matrimony, divorce etc.), matters related to the enforcement of judgments, matters related to bankruptcy and compositions proceedings.
4. Under the Arbitration Act, the arbitrator's jurisdiction may also be established by a declaration of the parties before the arbitrator(s) (recorded in minutes).
5. Unlike the Model Law, the Arbitration Act establishes the express power of the arbitration tribunal to issue interim measures in the course of the proceedings.
6. Whilst the UNCITRAL Model Law provides in Article 9 that an interim relief can be granted before or during the arbitral proceedings, according to Article 2(2) the Arbitration Act, interim relief can be granted by the courts only before the arbitration has commenced.
7. Unlike the Model Law, under the Arbitration Act the number of arbitrators must be always odd.
8. Under the Arbitration Act the objection based on lack of jurisdiction must be raised by the party concerned no later than the time at which it makes its first motion on the merits of the case. Nevertheless, if the grounds of the objection consist of the statutory non-arbitrability of the matter, then the objection may be raised until the end of the hearing, or in case of "documents only" arbitration, until the award has been rendered.
9. Unlike UNCITRAL Model Law, the Arbitration Act stipulates that an arbitral award cannot be rendered while a challenge of an arbitrator is pending.
10. In addition to the particulars of the statement of claim as laid down by the Model Law, the Arbitration Act requires that the statement of claim contains indication of the legislation that the claimant wishes to invoke and evidence supporting his claim.
11. Unlike under the Model Law, in case of an absence of an agreement on the choice of law, the arbitral tribunal shall apply the conflict of laws rules prescribed by Slovak legislation (Act No. 97/1963 Coll. on international private and procedural law, as amended).
12. Under the Arbitration Act the term for filing an action for annulment is 30 days from delivery of the award.
13. The Arbitration Act extends number of reasons for setting aside of an arbitral award (eee answer to question 29A below).
14. The Arbitration Act also provides more specific rules relating to the course of proceedings including rules on taking evidence.
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Are there other codes, statutes or legislative provisions governing commercial arbitration in your country? Yes
Please list the relevant laws and the years of their adoption Act No. 99/1963 Coll., Code of Civil Procedure, as amended ("Code of Civil Procedure") (supplementary legislation on commercial arbitration);
Act No. 9/1992 Coll. on Chambers of Commerce and Ind ...moreustry, as amended;
Act No. 510/2002 Coll. on Cash-Free Payments, as amended.
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List web sites http://jaspi.justice.gov.sk (available only in Slovak)
Definition of domestic arbitration The Arbitration Act does not differentiate between domestic and international arbitrations, but applies to settlement of disputes concerning property arising from both domestic and international comm ...moreercial and civil relations if the place of arbitration is in the Slovak Republic. ...less
Definition of international arbitration The Arbitration Act does not differentiate between domestic and international arbitrations, but applies to settlement of disputes concerning property arising from both domestic and international comm ...moreercial and civil relations if the place of arbitration is in the Slovak Republic. ...less
* Are the following types of disputes arbitrable under your country’s national law: (a) Disputes involving rights over immoveable property located within your country: No
* (b) Any intra-company disputes( e.g., disputes over decisions made by the executive bodies of a corporation): Yes
* (c) Disputes involving shareholder arrangements: Yes
* (d) Disputes involving patents/trade marks (excluding administrative actions): Yes
(e) Securities transactions: Yes
List any additional commercial matters not listed above which are not arbitrable under your national law: The disputes listed in Question 4(b) - 4(e) are in principle arbitrable, but only to the extent that a particular subject matter of such dispute does not fall within the disputes listed below.
...more/>According to the Section 1(3) of the Arbitration Act, the following matters are excluded from arbitration:
disputes regarding the personal status of an individual;
disputes relating to the enforcement of judgments;
disputes arising in the course of bankruptcy and restructuring proceedings; and
disputes which are not subject to a court settlement of the parties.
The Code of Civil Procedure enables the parties to resolve the disputes by conciliation in cases when the substance of the dispute allows it (e.g. non-arbitrable are the disputes where the general court may initiate proceedings ex officio, including also the proceedings relating to the commercial register and the matters in which the law excludes the settlement by a mutual agreement).
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* Under your national law, is an arbitration agreement severable from the main contract? Yes
* Can an arbitration agreement be incorporated by reference? Yes
* Can the following method of concluding an agreement constitute a binding arbitration agreement: (a) by electronic communication, including email Yes
* Can the following method of concluding an agreement constitute a binding arbitration agreement: (b) by fax Yes
* Can the following method of concluding an agreement constitute a binding arbitration agreement: by oral agreement No
* Can the following method of concluding an agreement constitute a binding arbitration agreement: by conduct e.g., performance on the part of one party No
* Has your country ratified the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards? Yes
* Under national law, are the state and state entities allowed to enter into arbitration with foreign owned companies in connection with the following: (a) Concession agreements Yes
* Under national law, are the state and state entities allowed to enter into arbitration with foreign owned companies in connection with the following: (b) Infrastructure contracts (e.g, construction contracts) Yes
* Under national law, are the state and state entities allowed to enter into arbitration with foreign owned companies in connection with the following: (c) Contracts dealing with natural resources (e.g., contracts dealing with water rights, mining, oil and gas, etc.) Yes
* Under national law, are the state and state entities allowed to enter into arbitration with foreign owned companies in connection with the following: (d) Other types of contracts/transactions (please list all that apply in the “Comments” column) Yes
Comment N/A
* Has your country ratified the ICSID Convention? Yes
** Has your country adopted a specific statute on commercial mediation or conciliation of commercial disputes? Yes
Comment Act No. 420/2004 Coll. on Mediation.
Additional comment On question 5 (Under your national law is an arbitration agreement severable from the main contract?):
Under Article 5(2) of the Arbitration Act, if the arbitral clause (an arbitration agreement ...more that forms a part of another agreement) was the part of an invalid agreement, it should be deemed invalid only in the case that the reason of invalidity of the agreement relates to the arbitral clause.

On question 6 (Can an arbitration agreement be incorporated by reference?):
Section 3(1) of the Arbitration Act provides that an arbitration agreement is an agreement between the parties according to which all or some of the disputes that arose or will arise from their certain contractual or other relationship shall be resolved before an arbitrational tribunal. It means that in case the arbitration agreement is set out in a separate document, a reference to the other identified document is sufficient.

On Question 7 (Can the following methods of concluding an agreement constitute a binding arbitration agreement: (a) by electronic communication (including email) (b) by fax (c) by oral agreement (d) by conduct e.g., performance on the part of one party?):
Under Article 4(2) of the Arbitration Act, the arbitration agreement should be in writing. An agreement is in writing if it is contained in a document signed by the parties or in an exchange of letters, facsimile or other means of telecommunication which provide a record of the content of the agreement and the identity of the parties thereto. Non-compliance with the written form of the agreement may be remedied by a declaration of the parties recorded in the form of the minutes in front of the arbitrator to the effect that they make their dispute subject to the jurisdiction of the arbitrator.

On Overview question (In your opinion has your country developed sound and workable laws to govern arbitrations in your country?):
The Slovak Arbitration Act draws from the experiences of the countries with developed arbitration environment and is considered to be sufficient for the Slovak conditions.

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This index compares rules for the arbitration process determining how easy it is for parties to design arbitration proceedings in their chosen manner and conduct fair and predictable arbitrations.

QuestionAnswer
* In a domestic arbitration taking place in your country, may the parties freely choose arbitrators to resolve their dispute without regard to: (a) the arbitrator(s)’ nationality: Yes
* In a domestic arbitration taking place in your country, may the parties freely choose arbitrators to resolve their dispute without regard to: (b) the arbitrator(s)’ gender: Yes
* In a domestic arbitration taking place in your country, may the parties freely choose arbitrators to resolve their dispute without regard to: (c) the arbitrator(s)’ professional qualifications: Yes
* May parties choose to conduct the arbitration proceedings in a foreign language in domestic arbitration? Yes
Comment An arbitrator must be a natural person who is at least 18 years old, enjoys full legal capacity, has the experience necessary to act as an arbitrator and has never been convicted of an intentional cr ...moreime. ...less
* In an international arbitration taking place in your country, may the parties freely choose arbitrators to resolve their dispute without regard to: (a) the arbitrator(s)’ nationality: Yes
* In an international arbitration taking place in your country, may the parties freely choose arbitrators to resolve their dispute without regard to: (b) the arbitrator(s)’ gender: Yes
* In an international arbitration taking place in your country, may the parties freely choose arbitrators to resolve their dispute without regard to: (c) the arbitrator(s)’ professional qualifications: Yes
* May parties choose to conduct the arbitration proceedings in a foreign language in an international arbitration? Yes
Comment An arbitrator must be a natural person who is at least 18 years old, enjoys full legal capacity, has the experience necessary to act as an arbitrator and has never been convicted of an intentional cr ...moreime. ...less
* May the parties freely choose the method of appointing arbitrators to resolve their dispute e.g., by subscribing to arbitration institutional rules in a domestic arbitration? Yes
Comment N/A
* May the parties freely choose the method of appointing arbitrators to resolve their dispute e.g., by subscribing to arbitration institutional rules in an international arbitration? Yes
Comment N/A
* May the parties freely choose the number of arbitrators to resolve their dispute in a domestic arbitration? Yes
Comment N/A
* May the parties freely choose the number of arbitrators to resolve their dispute in an international arbitration? Yes
Comment N/A
* Does your national law expressly provide that all arbitrators in arbitrations must be independent and impartial in a domestic arbitration? Yes
Does your national law expressly provide that all arbitrators in arbitrations must be independent and impartial in an international arbitration? According to Article 6(a) of the Arbitration Act, each arbitrator who accepts the arbitrators' office undertakes to be impartial and to carry on his office with professional care, in a manner which e ...morensures just protection of the rights and interests of the parties, and also to neither jeopardize their rights and interests protected by the law, nor to abuse the rights at their expense. ...less
* Does your national law expressly provide that all arbitrators in arbitrations must be independent and impartial in an international arbitration? Yes
Comment According to Article 6(a) of the Arbitration Act, each arbitrator who accepts the arbitrators' office undertakes to be impartial and to carry on his office with professional care, in a manner which e ...morensures just protection of the rights and interests of the parties, and also to neither jeopardize their rights and interests protected by the law, nor to abuse the rights at their expense. ...less
* May each party, if it chooses to do so, retain a foreign lawyer, not licensed to practice in your country, to represent it in an arbitration proceeding in a domestic arbitration Yes
Comment The Arbitration Act does not impose any restrictions in this respect; however, provision of legal services in the Slovak Republic is subject to local advocacy laws. Representation in a domestic arbi ...moretration proceeding may comprise provision of legal services in the Slovak Republic. As regards the provision of legal services, Slovak law applies the principle of territoriality. In general, legal services (not in-house) in the Slovak Republic may only be provided by holders of a license from the Slovak Bar. Exception applies to lawyers who are registered as attorneys within the European Union; such attorneys may provide legal services without a Slovak license on a temporary or irregular basis. ...less
* May each party, if it chooses to do so, retain a foreign lawyer, not licensed to practice in your country, to represent it in an arbitration proceeding in an international arbitration Yes
Comment The Arbitration Act does not impose any restrictions in this respect; however, provision of legal services in the Slovak Republic is subject to local advocacy laws. Representation in a domestic arbi ...moretration proceeding may comprise provision of legal services in the Slovak Republic. As regards the provision of legal services, Slovak law applies the principle of territoriality. In general, legal services (not in-house) in the Slovak Republic may only be provided by holders of a license from the Slovak Bar. Exception applies to lawyers who are registered as attorneys within the European Union; such attorneys may provide legal services without a Slovak license on a temporary or irregular basis. ...less
* Under your national law, are arbitrators expressly bound to preserve confidentiality of arbitration proceedings in a domestic arbitration? Yes
* Under your national law, are arbitrators expressly bound to preserve confidentiality of arbitration proceedings in an international arbitration? Yes
* Is online arbitration (or what is sometimes known as electronic Alternative Dispute Resolution) an available method of dispute resolution in your country for domestic arbitrations? No
* Is online arbitration (or what is sometimes known as electronic Alternative Dispute Resolution) an available method of dispute resolution in your country for international arbitrations? No
Comment N/A
* Are parties to an arbitration free to choose any arbitration institution, even one that is outside of your country, to administer their arbitration in a domestic arbitration Yes
* Are parties to an arbitration free to choose any arbitration institution, even one that is outside of your country, to administer their arbitration in an international arbitration Yes
Comment N/A
* Are there any arbitration institutions administering commercial arbitrations in your country? Yes
List the arbitration institutions Arbitration Court of the Slovak Chamber of Commerce and Industry (Rozhodcovský súd Slovenskej obchodnej a priemyselnej komory);
Permanent Arbitration Court of the Slovak Banking Association (Stá ...morely rozhodcovský súd Slovenskej bankovej asociácie);
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* List the arbitration institution's Web sites www.sopk.sk www.sbaonline.sk www.sak.sk
The list of all arbitration institutions is available at http://www.justice.gov.sk/wfn.aspx?pg=l56&uc=adr/rozs
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* How long, typically, would you estimate the period to be from the filing of the request for arbitration to the constitution of the arbitration tribunal in a domestic arbitration? Answers: 1=Under 30 days; 2=30-180 days; 3=181 days-1 year; 4=over 1 year 2
* How long, typically, would you estimate the period to be from the filing of the request for arbitration to the constitution of the arbitration tribunal in an international arbitration? Answers: 1=Under 30 days; 2=30-180 days; 3=181 days-1 year; 4=over 1 year 2
* How long, typically, would you estimate the period to be from the first hearing of the arbitration tribunal on the merits to the rendering of the arbitration award In a domestic/ international arbitration in your country? Answers: 1=Under 30 days; 2=30-180 days; 3=181 days-1 year; 4=over 1 year 3
* How long, typically, would you estimate the period to be from the first hearing of the arbitration tribunal on the merits to the rendering of the arbitration award In a domestic/ international arbitration in your country? Answers:1=Under 30 days; 2=30-180 days; 3=181 days-1 year; 4=over 1 year 3
Estimate the number of domestic commercial arbitrations carried out in your country's most commonly used arbitration institution within the past 12 months Answers: 1=0-5 cases; 2=6-20 cases; 3=21-100 cases; 4=101-1000 cases; 5=over 1000 cases; 6=N/A N/A
Estimate the number of international commercial arbitrations carried out in your country's most commonly used arbitration institution within the past 12 months Answers: 1=0-5 cases; 2=6-20 cases; 3=21-100 cases; 4=101-1000 cases; 5=over 1000 cases; 6=N/A N/A
Comment There is no publicly available record of the number of domestic and international arbitrations. It is very difficult to estimate the length of a typical arbitration proceeding, as it depends on part ...moreicular circumstances of each arbitration. ...less
* In an arbitration between a foreign owned company and your state or a state entity, can the parties freely choose the seat of arbitration (i.e., seat outside of your country)? Yes
* In an arbitration between a foreign owned company and the state/state entity, can the parties freely choose institutional arbitration or ad hoc arbitration? Yes
* In an arbitration between a foreign owned company and the state/state entity, can the parties freely choose the nationality of the arbitrators? Yes
* In an arbitration between a foreign owned company and the state/state entity, can the parties freely choose foreign counsel? Yes
* In an arbitration between a foreign owned company and the state/state entity, can the parties freely choose the applicable procedural rules? Yes
Are there any other restrictions with respect to party's autonomy in commercial arbitration if one of the parties is the state or a state entity? No
Comment There is no legislation that precludes the State, acting as a party to a contract, from entering into an arbitration agreement.
Special provisions regarding the position of the State in arbitr ...moreation proceedings are contained in several bilateral agreements on the mutual protection of investments (these agreements contain detailed provisions regarding, for example, the issue of which arbitral tribunal will handle disputes that arise out of a particular agreement).
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** How often does the state (or state entities) include arbitration clauses in their contracts with foreign companies? Answers: 1=Rarely; 2=Occasionally; 3=Usually; 4=Always or nearly always 2
* Is there a public authority designated to handle administrative, logistical and other issues related to investors’ disputes with the state or a state entity (e.g., specific agency, office of the Prime Minister, etc.)? No
Comment N/A
** How frequently do private parties in your country agree to attempt to settle their commercial disputes through mediation or conciliation? Answers: 1=Rarely; 2=Frequently; 3=Usually; 4=Always or nearly always 1
* Is there an institution (or institutions) in your country that administers the mediation or conciliation of commercial disputes? Yes
Comment e.g., Slovak Chamber of Mediators.
The list of all mediators and mediation institutions is maintained by the Ministry of Justice of the Slovak Republic and is accessible on the internet.
Have any of the courts in your country adopted mandatory procedures for mediating commercial disputes (e.g., for screening cases and referring to mediation those that appear susceptible of settlement by mediation, or by establishing “multi-door court houses” that enable parties to choose between litigation and mediation of their disputes)? No
Comment N/A
Additional Comment The Slovak arbitration law is a fairly modern piece of legislation implementing, to a large extent, the UNCITRAL Model Law. However, many of the arbitration institutions in Slovakia do not seem to ...morehave sufficient experience, commercial judgment, skills and reputation to provide for efficient arbitration and promote wider use of arbitration in Slovakia.
There are doubts among practitioners regarding the ability of arbitration tribunals of the Slovak Chamber of Commerce and Industry to administer arbitrations in foreign languages, e.g. English language. Furthermore, credibility of certain domestic arbitration institutions and their arbitrators is questionable, but appointment of external arbitrators is often disabled or restricted.
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This index compares the extent of judicial assistance before, during, and after the arbitration proceedings.

QuestionAnswer
* Have the courts in your country stated a “pro-arbitration policy”, i.e., a general policy in favor of enforcing arbitration agreements and arbitration awards, in applying your national law of arbitration In domestic/international arbitrations taking place in your country? No
Comment There is no particular policy and not much case law to provide a clear answer to this question, but there have not been any court judgments, which would be deemed to be "anti-arbitration" rulings.
* If the parties have expressly agreed (i.e., in writing) that the arbitration tribunal can rule on its own jurisdiction, will that be upheld by your national courts? Yes
Comment Further to Article 21 of the Arbitration Act, the arbitration tribunal shall have the power to decide on its own jurisdiction by operation of law and no agreement between the parties to this effect i ...mores required. However, please note that any such decision of the arbitration tribunal can be overruled by the court vacating the award, for example, on the ground that the dispute was not arbitrable under the applicable law or the arbitration agreement was found to be invalid. ...less
* If a party brings an action in a court of your country with respect to a dispute that the parties have previously agreed (in a valid arbitration agreement or other writing) must be arbitrated (either in your country or elsewhere) how frequently would the courts in your country decline to hear the case and refer the parties to arbitration In domestic/international arbitrations taking place in your country? Answers: 1=Rarely; 2=Usually; 3=In all or nearly all cases 3
* If a party brings an action in a court of your country with respect to a dispute that the parties have previously agreed (in a valid arbitration agreement or other writing) must be arbitrated (either in your country or elsewhere) how frequently would the courts in your country decline to hear the case and refer the parties to arbitration in international arbitrations taking place in your country? Answers: 1=Rarely; 2=Usually; 3=In all or nearly all cases 3
Comment According to Article 106 of the Code of Civil Procedure, as soon as the court ascertains in connection with an objection raised by the defendant not later than during his first act on the merits that ...more, based on the agreement of the parties, the case should be handled by the arbitration tribunal, it may not continue to proceed and shall stay the proceedings; however, if the parties declare that they do not insist on honoring that agreement or the recognition of a foreign arbitral award had been denied, it shall hear the case.
The court shall hear the case also if it ascertains that:
the laws of the Slovak Republic do not permit concluding an arbitration agreement in respect of the case;
the arbitration agreement is null and void or non-existent;
dealing with the case in the proceedings before arbitrators would go beyond the scope of powers they have under the agreement; or
the arbitration tribunal refused to deal with the case.
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* Does your national law provide for domestic courts to assist the arbitration process by ordering the production of documents or the appearance of witnesses In domestic arbitrations taking place in your country? Yes
* Does your national law provide for domestic courts to assist the arbitration process by ordering the production of documents or the appearance of witnesses In international arbitrations taking place in your country? Yes
* Are requests for court assistance by ordering the production of documents or the appearance of witnesses generally granted In domestic arbitrations? Yes
* Are requests for court assistance by ordering the production of documents or the appearance of witnesses generally granted in international arbitrations? Yes
Comment Under the Arbitration Act, only the arbitration tribunal, not the parties themselves, may seek assistance from a state court if a witness does not voluntarily provide evidence to the arbitration trib ...moreunal. The state court may under the Code of Civil Procedure impose fines and other measures in order to enforce the obligation to provide evidence.
Under Article 27(3) of the Arbitration Act, if the arbitration tribunal cannot ensure the production of some evidence on its own, it can ask a court for assistance. Under Article 39(1) of the Code of Civil Procedure, if the competent court or arbitration tribunal cannot perform certain tasks without considerable difficulties or at reasonable costs, or if neither has jurisdiction for certain acts, another court shall perform these acts upon request.
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* Does your national law provide for your courts to assist the arbitrators or parties by granting interim relief to prevent immediate and irreparable injury (e.g., preliminary injunctions, the sequestration of property) while the arbitration is pending or before the arbitration has commenced In domestic arbitrations taking place in your country? Yes
* Does your national law provide for your courts to assist the arbitrators or parties by granting interim relief to prevent immediate and irreparable injury (e.g., preliminary injunctions, the sequestration of property) while the arbitration is pending or before the arbitration has commenced In international arbitrations taking place in your country? Yes
* If an immediate need can be shown, how often do courts grant interim relief requests for assistance? Answers: 1=Rarely; 2=Usually; 3=In all or nearly all cases 2
List the law and article which provide for courts' assistance with interim relief. Act No. 99/1963 Coll., the Code of Civil Procedure; and
Arbitration Act.
Please note that Slovak courts may only issue interim relief before the commencement of the arbitration.
Comment N/A
Given the amount of the arbitration award ($US100, 000) and the location of the assets (your country's largest business city), what court in your country has jurisdiction to enforce an arbitration award rendered in your country (in domestic or international proceedings)? District Court in Bratislava (Okresný súd v Bratislave), depending on the district where GlobiCo's registered office in Bratislava is located.

Enforcement of the arbitration award must be ...moreeffected through an executor, which is a court enforceme ...less
** Is the court for enforcement of arbitration awards rendered in your country, a higher level court or a specialized court? No
* May a judgment of that court enforcing the award be appealed to a higher court or courts? Yes
May a judgment of that court denying enforcement of the award be appealed to a higher court or courts? Yes
If Yes, indicate the name of the court(s) of appeal Regional Court Bratislava (the second instance); or
Supreme Court of the Slovak Republic.
* In the case of a domestic award, if a party brings an action in court to set aside (vacate or annul) a domestic arbitration award against it, is the court authorized to review that award on the merits? No
* In the case of an international award, if a party brings an action in court to set aside (vacate or annul) a domestic arbitration award against it, is the court authorized to review that award on the merits? No
Under your national law, can a domestic award rendered in favor of a local company be denied confirmation or enforcement, or be set aside, annulled or vacated, by a court in your country on the following grounds: Invalidity of the underlying arbitration agreement or lack of capacity of a party? Yes
Under your national law, can a domestic award rendered in favor of a local company be denied confirmation or enforcement, or be set aside, annulled or vacated, by a court in your country on the following grounds: Lack of a fair hearing? Yes
Under your national law, can a domestic award rendered in favor of a local company be denied confirmation or enforcement, or be set aside, annulled or vacated, by a court in your country on the following grounds: Award deals with matters outside the scope of the arbitraton agreement? Yes
Under your national law, can a domestic award rendered in favor of a local company be denied confirmation or enforcement, or be set aside, annulled or vacated, by a court in your country on the following grounds: Arbitration procedures not in accordance with the parties' s agreement or the governing arbitration law? Yes
Under your national law, can a domestic award rendered in favor of a local company be denied confirmation or enforcement, or be set aside, annulled or vacated, by a court in your country on the following grounds: Subject matter of the dispute not subject to arbitration? Yes
Under your national law, can a domestic award rendered in favor of a local company be denied confirmation or enforcement, or be set aside, annulled or vacated, by a court in your country on the following grounds: Enforcement of the award would be contrary to country's public policy? Yes
Under your national law, can a domestic award rendered in favor of a local company be denied confirmation or enforcement, or be set aside, annulled or vacated, by a court in your country on the following grounds: Error of law? Yes
Under your national law, can a domestic award rendered in favor of a local company be denied confirmation or enforcement, or be set aside, annulled or vacated, by a court in your country on the following grounds: Award not supported by substantial evidence? No
Under your national law, list any additional grounds under which the domestic award rendered in favor of GlobiCo may be denied confirmation or enforcement, or be set aside, annulled or vacated, by a court in your country. Other reasons include:
1. the arbitration award was issued in a matter which had already been lawfully resolved by the court or in different arbitration proceedings;
2. the person acting on ...more behalf of a party was not duly authorized to act on its behalf;
3. the arbitration award was adopted by an arbitrator who was expelled from deciding the dispute due to the lack of his impartiality, or whose expulsion could not be ensured by the party through no fault of its own in the course of the arbitration;
4. the arbitration award was affected by a crime committed by the arbitrator, by the party to the arbitration proceedings or by the expert and the relevant person or persons have been convicted of the offense(s);
5. the generally binding rules governing the protection of a consumer have been broken during the proceedings;
6. the award requests performance which is impossible, illegal, or which is contra bona mores;
7. there are the reasons which would entitle the party to apply for reopening of the case in civil proceedings according to Civil Procedural Code:
(i) occurrence of facts, decisions or evidence, which the party could not present in the previous proceedings through no fault on its part; or
(ii) it is possible to execute evidence which could not be executed in the former proceedings, provided this could have resulted in the adoption of a more favorable decision for the requesting party;
(iii) the award is not in accordance with the judgment of the Court of Justice of the European Communities or other body of the European Communities;
(vi) The European Court of Human Rights decided that the award or the arbitration proceedings violated the human rights;
8. the reasons to terminate the enforcement of the award according to Act No. 233/1995 Coll. on Court Executors and Execution Activities, as amended:
(i) the enforcement has been ordered even though the award has not yet become enforceable;
(ii) the award being the basis of the enforcement was quashed or became ineffective after the enforcement was ordered;
(iii) the course of the enforcement of the award have shown that the proceeds that will be gained will not be enough to cover even the costs thereof;
(vi) after the issuance of the award, the right awarded thereby became extinct;
(v) the court declared that the enforcement of the award is inadmissible because of another reason for which the award cannot be enforced;
(vi) the stay of the enforcement of the award was proposed by the person who proposed ordering it;
(vii) the enforcement of the award affects things being excluded therefrom or things that cannot be subject to the execution according to the applicable law;
(viii) the court has finally and conclusively decided that the enforcement of the award affects assets to that somebody has a right not allowing the enforcement of the award;
(ix) entitled person not to pay judicial fee for ordering the enforcement of the award;
(x) in case of enforcement of the award by sale of a pledge, if the right of pledge (mortgage) has become extinct, while the entitled person was a pledgee (mortgage creditor).
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* What is the likelihood that your courts would enforce a domestic arbitration award if no objection to enforcement were filed? Answers: 1=Rarely; 2=Usually; 3=In all or nearly all cases 3
* What is the likelihood that your courts would enforce an international arbitration award if no objection to enforcement were filed? Answers: 1=Rarely; 2=Usually; 3=In all or nearly all cases 3
* Number of days on average necessary to enforce a domestic and international arbitration award in your country: (a) From the filing of an application for enforcement to the date of a hearing for such an application in the first instance court ? 15
* Number of days on average necessary to enforce a domestic and international arbitration award in your country: (b) From the date of the first hearing to the first instance court decision, if no objection to enforcement has been filed? 15
Number of days on average necessary to enforce a domestic and international arbitration award in your country: (c) From the first instance court decision to the decision of the final court of appeal (assuming that all avenues of appeal were pursued). In the second column, please list all relevant courts of appeal? 180
* Number of days on average necessary to enforce a domestic and international arbitration award in your country: (d) From the final court decision granting enforcement to GlobiCo obtaining a writ of execution attaching Supplier’s assets (e.g. bank account)? 14
Comment Enforcement of the arbitration award must be effected through an executor, which is a court enforcement officer, on the basis of Act No 233/1995 Coll. on Court Executors and Execution Activities, as ...moreamended. Enforcement of awards is performed in the same way as enforcement of court decisions.
If the obliged party fails to perform the award, the entitled party may request the executor to enforce the award. The executor must then, within 15 days, request a competent District Court to approve enforcement of the award ("Approval Request"). If the court concludes that the request for enforcement and the award are compliant with the law, the court will issue, within 15 days, an order authorizing the executor to perform enforcement of the award ("Authorization Order"). Should the court refuse to issue the Authorization Order, such court decision can be appealed to the Regional Court (and, subsequently, to the Supreme Court).
The court competent to issue such Authorization Order (and to act in the execution where the law so provides) is a court of general jurisdiction of the obliged party. This is a district court (in Slovak: Okresný súd) determined on the basis of the place of residence of the obliged party or its seat or, in commercial matters, the place of business of the obliged party (if the obliged party is a foreign legal person, the competent court is determined on the basis of a seat of an embassy of this legal person in the Slovak Republic or a seat of a body authorized to deal with its business matters). It is, in principle, possible to lodge an appeal against decisions of the district court made within the execution before a regional court (in Slovak: Krajský súd), provided that the law does not explicitly exclude the possibility of the appeal.
An executor, who receives an Authorization Order, shall:
(i) notify the parties of the commencement of the enforcement and shall call the obliged party to either satisfy the claim of the entitled party or raise objections against enforcement within 15 days, and
(ii) forbid the obliged party to dispose of its property which is subject to execution (together "Commencement Notice").
The obliged party is entitled to make objections against the execution with the executor within 14 days from delivery of the notification on commencement of execution under certain conditions stipulated in the act. If the objections are raised, the District Court shall decide on such objections within 60 days ("Objections Decision"). Should the District Court accept such objections, its decision can be appealed to the Regional Court (and, subsequently, to the Supreme Court).
Once the period for raising objections lapses without any objection having been raised or the court issues a final non-appealable decision refusing the objections raised, the executor can issue an enforcement order and commence enforcement of the award by one of the enforcement methods ("Execution Order"). His order shall, inter alia, contain the method of the execution. No appeal against the Execution Order is admissible.
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Given the amount of the foreign arbitration award ($US100, 000) and the location of the assets (your countrys' largest business city), what court in your country has jurisdiction to enforce a foreign arbitration award (i.e. an award rendered outside of your country)? District Court in Bratislava, depending on the precise location of GlobiCo's registered office in Bratislava.
As regards the Executor, the entitled party may apply for enforcement of the award t ...moreo any executor in Slovakia.
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** Is the court for enforcement of arbitration awards rendered outside your country, a higher level court or a specialized court? No
* May a judgment of that court enforcing the award or denying enforcement be appealed to a higher court or courts? Yes
If Yes, indicate the name of the court(s) of appeal Regional Court Bratislava (the second instance); or
Supreme Court of the Slovak Republic.
Under your national law may an arbitration award rendered in another country be denied recognition or enforcement by your country’s courts on the ground of "invalidity of the underlying arbitration agreement or lack of capacity of a party"? Yes
Under your national law may an arbitration award rendered in another country be denied recognition or enforcement by your country’s courts on the ground of lack of a fair hearing? Yes
Under your national law may an arbitration award rendered in another country be denied recognition or enforcement by your country’s courts on the ground of that the award deals with matters outside the scope of the arbitraton agreement? Yes
Under your national law may an arbitration award rendered in another country be denied recognition or enforcement by your country’s courts on the ground that the arbitration procedures not in accordance with the parties' s agreement or the governing arbitration law? Yes
Under your national law may an arbitration award rendered in another country be denied recognition or enforcement by your country’s courts on the ground that the award was set aside in the country where it was made? Yes
Under your national law may an arbitration award rendered in another country be denied recognition or enforcement by your country’s courts on the ground that the subject matter of the dispute not subject to arbitration? Yes
Under your national law may an arbitration award rendered in another country be denied recognition or enforcement by your country’s courts on the ground of public policy? Yes
* Under your national law may an arbitration award rendered in another country be denied recognition or enforcement by your country’s courts on the ground of "error of law"? No
* Under your national law may an arbitration award rendered in another country be denied recognition or enforcement by your country’s courts on the ground of that the award not supported by substantial evidence? No
* Under your national law, list additional grounds under which an arbitration award rendered in another country be denied recognition or enforcement by your country’s courts For example:
an arbitration court was not established or the arbitration proceedings were not conducted in a way agreed by parties;
the award is not valid for the parties;
the executi ...moreon of the award is postponed.
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* What is the likelihood that your courts would enforce a foreign award if no objection to enforcement were filed? Answers: 1=Rarely; 2=Usually; 3=In all or nearly all cases 3
* Number of days on average necessary to enforce a foreign arbitration award in your country: (a) From the filing of an application for enforcement to the date of a hearing for such an application in the first instance court ? 15
* Number of days on average necessary to enforce a foreign arbitration award in your country: (b) From the date of the first hearing to the first instance court decision, if no objection to enforcement has been filed? 15
Number of days on average necessary to enforce a foreign arbitration award in your country: (c) From the first instance court decision to the decision of the final court of appeal (assuming that all avenues of appeal were pursued). In the second column, please list all relevant courts of appeal? 97
* Number of days on average necessary to enforce a foreign arbitration award in your country: (d) From the final court decision granting enforcement to GlobiCo obtaining a writ of execution attaching Supplier’s assets (e.g. bank account)? 15
Comment Please note that the same process as applies to the enforcement of the domestic awards will apply also to the foreign awards.
Pursuant to Article 49 of the Arbitration Act, the confirmation of ...morethe foreign arbitration award is not being pronounced by a special court decision. Foreign arbitration award is confirmed by the sole fact that the enforcement court considers such award as if it was a domestic arbitration award.
In Slovakia, the arbitration awards are being enforced by executors (exekútor). The entitled party´s application for enforcement shall be dispatched to executor. An executor, however, may not start enforcement prior to the receipt of the court´s authorization. Enforceable awards of the arbitration tribunals are an enforcement title pursuant to the Enforcement Procedure Code (Article 41(1) of the Act No. 233/1995 Coll.).
An executor shall present the application to the competent court within 15 days following its receipt.
The court authorizes the executor to perform the enforcement within 15 days following the receipt of the executor´s application.
After receipt of the court´s authorization, an executor invites the obliged party (via notification of commencement of the enforcement proceedings) to pay or to present objections within 14 days. An executor dispatches the potential objections to the parties to the proceedings. The competent court shall decide on the objections within 60 days following their receipt.
The appeal (to the Regional Cour in Bratislava) is permitted provided that the court complied with the objections (granted the requirements with respect to the objection) and shall be filed within 15 days following the receipt of the decision on objections. The duration of appeal proceedings may vary considerably. I.e. no appeal is possible when the objections were not filed.
An executor shall issue a writ of execution (exekucny prikaz) following the:
i) end of the period for raising the objections; or
ii) receipt of the valid court decision on objections.
Furthermore, there is no hearing before court with respect to the enforcement proceedings.

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* In arbitrations involving a state or state entity, can your court(s) review the arbitration award on its merits in connection with recognition and enforcement proceedings? No
Additional Comment N/A
 * Scored   ** Bonus