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Results: 4 Answers
International Arbitration
4.
Objections to jurisdiction
4.1
When must a party raise an objection to the jurisdiction of the tribunal and how can this objection be raised?
 
Slovakia
The arbitral tribunal may rule on its own jurisdiction, including any objections with respect to the existence or validity of the arbitration agreement. A party to the arbitral proceedings that wants to challenge the jurisdiction of the arbitral tribunal due to the non-existence or invalidity of the arbitration agreement may do so within the arbitral proceedings upon or before the first act in the proceedings. An objection that the arbitration agreement is invalid (as the matter falls outside the arbitral proceedings) or that the matter falls under the Consumer Arbitration Act must be made before the end of oral hearings or, in case of written proceedings, before the adoption of the arbitral award. An objection that the issue in question falls outside the arbitral proceedings must be made upon the relevant party becoming aware of it.

For more information about this answer please contact: Michal Lučivjanský from Schoenherr Attorneys at Law
4.2
Can a tribunal rule on its own jurisdiction?
 
Slovakia
Yes, the arbitral tribunal can rule on its own jurisdiction, including objections to the validity or existence of the arbitration agreement.

For more information about this answer please contact: Michal Lučivjanský from Schoenherr Attorneys at Law
4.3
Can a party apply to the courts of the seat for a ruling on the jurisdiction of the tribunal? In what circumstances?
 
Slovakia
Yes. If the arbitral tribunal rules by arbitral order that it has jurisdiction, the party which raised the objection may, within 30 days of receiving notice of that ruling, request the court to decide on the objection. No remedy is admissible against the court’s decision on the objection. While the objection is pending, the arbitral tribunal may continue the arbitral proceedings and make an award.

For more information about this answer please contact: Michal Lučivjanský from Schoenherr Attorneys at Law