International Commercial Arbitration at Slovakia
International Commercial Arbitration in Slovakia
1. Legal Framework
Arbitration Act:
Slovakia’s arbitration is primarily governed by Act No. 244/2002 Coll. on Arbitration Proceedings and certain provisions of the Civil Procedure Code.
International Arbitration:
Slovakia distinguishes between domestic and international arbitration. For international commercial arbitration, the Act incorporates principles consistent with the UNCITRAL Model Law on International Commercial Arbitration (1985) with amendments.
European and International Treaties:
Slovakia is a party to important treaties like:
1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards
European Convention on International Commercial Arbitration (1961)
2. Arbitral Institutions
The main arbitration institution in Slovakia is the Slovak Arbitration Court at the Slovak Chamber of Commerce and Industry (SAC-SCCI), located in Bratislava.
Other institutions include:
Permanent Arbitration Court at the Slovak Chamber of Commerce
Slovak Commercial Arbitration Court
Parties may also opt for ad hoc arbitration under UNCITRAL rules.
3. Seat of Arbitration
The arbitration seat can be agreed upon by parties and is often Slovakia (e.g., Bratislava) for convenience and enforceability.
The local courts supervise the arbitration process only to the extent necessary, respecting the autonomy of the arbitral tribunal.
4. Recognition and Enforcement of Awards
Domestic Awards: Enforced under the Arbitration Act and Civil Procedure Code.
Foreign Awards: Enforced according to the New York Convention procedures.
Slovak courts generally uphold arbitration agreements and recognize awards unless very specific procedural grounds exist.
5. Key Features
Party Autonomy: Parties have broad freedom to select arbitrators, rules, and procedure.
Intervention by Courts: Minimal and primarily for assistance (e.g., appointment of arbitrators if parties fail, annulment of awards on limited grounds).
Language: Arbitration proceedings are often conducted in Slovak, but parties can agree on any language.
6. Practical Tips
For international contracts involving Slovak parties, arbitration at the Slovak Arbitration Court is popular and reliable.
Using the UNCITRAL Arbitration Rules or institutional rules like ICC or LCIA is also common.
Draft clear arbitration clauses specifying seat, language, governing law, and arbitration rules.
Sample Arbitration Clause (Slovakia)
"Any dispute arising out of or in connection with this contract shall be finally resolved by arbitration under the Rules of the Slovak Arbitration Court at the Slovak Chamber of Commerce and Industry. The seat of arbitration shall be Bratislava, Slovakia. The arbitration shall be conducted in English. The number of arbitrators shall be one. The governing law of the contract shall be Slovak law."
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