Comparative Guides
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Results: 4 Answers
International Arbitration
6.
Applicable law issues
6.1
How is the law of the arbitration agreement determined in your jurisdiction?
 
Slovakia
Pursuant to the Arbitration Act, an explicit agreement by the parties in an arbitration agreement to have the arbitration agreement governed by the laws of another country shall not invalidate that agreement. The law chosen shall also determine whether the arbitration agreement is valid. However, arbitrability shall always be governed by the provisions of the Arbitration Act.

For more information about this answer please contact: Michal Lučivjanský from Schoenherr Attorneys at Law
6.2
Will the tribunal uphold a party agreement as to the substantive law of the dispute? Where the substantive law is unclear, how will the tribunal determine what it should be?
 
Slovakia
The law chosen shall also determine whether the arbitration agreement is valid. However, arbitrability shall always be governed by the provisions of the Arbitration Act.

In disputes arising from a legal relationship with an international element (commercial or civil), the arbitral tribunal shall decide in accordance with the rules of law agreed by the parties. Unless otherwise agreed by the parties, each agreement on the governing law shall be deemed to be an agreement on the substantive law of a country, to the exclusion of its conflict of laws rules. If the parties fail to agree on the governing law, the arbitral tribunal shall decide the dispute in accordance with the rules of law determined by the conflict of laws rules that it considers appropriate.

The arbitral tribunal shall decide disputes arising from a domestic legal relationship in accordance with the rules of law agreed by the parties, to the extent acceptable by the conflict of laws rules applicable in Slovakia. Unless otherwise agreed by the parties, each agreement on the governing law shall be deemed to be an agreement on the substantive law of a country, to the exclusion of its conflict of laws rules. If the parties fail to agree on the governing law, the tribunal shall decide the dispute in accordance with the legal system chosen by the conflict of laws rules applicable in Slovakia.

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