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Results: 4 Answers
International Arbitration
8.
The tribunal
8.1
How is the tribunal appointed?
 
Slovakia
The parties are free to agree on the arbitrators or on the procedure for their appointment.

If the parties do not agree on the arbitrators or the procedure for their appointment:

  • in an arbitration with three arbitrators, each party shall appoint one arbitrator and the two arbitrators thus appointed shall appoint the third arbitrator. If a party fails to appoint the arbitrator within 15 days of receipt of a request to do so from the other party, or if the two arbitrators fail to agree on the third arbitrator within 30 days of their appointment, the appointment shall be made, upon the request of a party, by the court or the appointing authority,
  • in an arbitration with more than three arbitrators, the procedure described above shall apply accordingly; and
  • in an arbitration with a sole arbitrator, the arbitrator shall be appointed, upon the request of a party, by the court or the appointing authority.
For more information about this answer please contact: Michal Lučivjanský from Schoenherr Attorneys at Law
8.2
Are there any requirements as to the number or qualification of arbitrators in your jurisdiction?
 
Slovakia
The arbitral tribunal may comprise either a sole arbitrator or several arbitrators. The parties may agree on the number of arbitrators, provided that this is an odd number. If the parties do not agree on the number of arbitrators, the tribunal shall comprise three arbitrators.

Any natural person agreed by the parties can serve as an arbitrator if he or she is of legal age, has full legal capacity and has no prior criminal convictions. Specific acts may provide for exceptions - for instance, certain professions acting on behalf of a state. A notary public may also act as an arbitrator.

For more information about this answer please contact: Michal Lučivjanský from Schoenherr Attorneys at Law
8.3
Can an arbitrator be challenged in your jurisdiction? If so, on what basis? Are there any restrictions on the challenge of an arbitrator?
 
Slovakia
Yes. A person appointed as an arbitrator must, without undue delay, inform the parties of any facts that might disqualify him or her from hearing and deciding the matter if, having regard to his or her relationship to the merits or to the parties, there may be doubts as to his or her impartiality.

A party may challenge its appointed arbitrator, or an arbitrator in whose appointment it has participated, only for reasons of which it becomes aware after the appointment has been made. The parties are free to agree on a procedure for challenging arbitrators either in the arbitration agreement or later, but no later than the date of commencement of the arbitration. The parties may not agree to exclude this right. Challenges in arbitration held at the permanent court of arbitration may be dealt with in accordance with its rules; however, these may not exclude the right of a party to ask a court to decide on an unsuccessful challenge.

If the parties have not agreed on a procedure for challenging the arbitrators, a party intending to challenge an arbitrator must send written notice of the grounds for the challenge to the arbitral tribunal within 15 days of the date on which the party becomes aware of the grounds for the challenge or the failure to satisfy conditions under the Arbitration Act. If the challenged arbitrator does not resign or if the other party does not agree with the challenge, it shall be decided by the arbitral tribunal upon the request of a party and within 60 days of its delivery.

If the challenge is unsuccessful or is not decided within the timeframe set out in the Arbitration Act, the challenging party may, within 30 days of delivery of the decision dismissing the challenge or of the timeframe for deciding on the challenge elapsing, request a court to decide on the challenge. The court’s decision dismissing the challenge is not subject to appeal. While the request is pending, the arbitral tribunal may continue the arbitral proceedings and render an award.

For more information about this answer please contact: Michal Lučivjanský from Schoenherr Attorneys at Law
8.4
If a challenge is successful, how is the arbitrator replaced?
 
Slovakia
If the mandate of an arbitrator terminates, a substitute arbitrator shall be appointed. The parties are free to agree on the procedure for appointing a substitute arbitrator. Failing such agreement, the provisions of the Arbitration Act shall apply accordingly.

For more information about this answer please contact: Michal Lučivjanský from Schoenherr Attorneys at Law
8.5
What duties are imposed on arbitrators? Are these all imposed by legislation?
 
Slovakia
Various duties are imposed on arbitrators in the course of the arbitration proceedings. However, the provisions of the Arbitration Act in this regard are not comprehensive: some duties may be also imposed by permanent court rules where issues are not specifically addressed in the Arbitration Act.

For more information about this answer please contact: Michal Lučivjanský from Schoenherr Attorneys at Law
8.6
What powers does an arbitrator have in relation to: (a) procedure, including evidence; (b) interim relief; (c) parties which do not comply with its orders; (d) issuing partial final awards; (e) the remedies it can grant in a final award and (f) interest?
 
Slovakia
(a) Procedure, including evidence?

The arbitral tribunal shall examine only the evidence presented by the parties. The arbitral tribunal shall consider the selection and method of taking evidence based on its potential to provide clarification on the dispute. If the arbitral tribunal cannot secure the taking of evidence on its own, it may request a court to do so.

(b) Interim relief?

Unless otherwise agreed by the parties, the arbitral tribunal may, upon the motion of a party, grant interim measures if:

  • this is necessary to temporarily regulate the relationship between the parties;
  • there is a risk that enforcement of an arbitral award might be prejudiced; or
  • there is a risk that in the future evidence might no longer be available or might be available only under complicated circumstances.

If the parties have not agreed otherwise, the permanent court of arbitration may order interim measures even before the appointment of an arbitrator or atbitrators.

(c) Parties which do not comply with its orders?

If a party which has been duly informed of the time and place of the arbitral proceedings fails to appear at a hearing or to produce documentary evidence, the arbitral tribunal may continue the proceedings and make the award based on the evidence before it.

(d) Issuing partial final awards?

The arbitral tribunal may issue a partial award on jurisdiction or on the substance of the claim, but when doing so, the tribunal must state in the operative part of the award that it is a partial award.

(e) The remedies it can grant in a final award?

The parties may agree to have the arbitral award reviewed by other arbitrators, but only if they have expressly agreed to this in the arbitration agreement.

(f) Interest?

There is no specific provision in the Arbitration Act in this regard and thus substantive law applicable to the claim will apply in relation to interest.

For more information about this answer please contact: Michal Lučivjanský from Schoenherr Attorneys at Law
8.7
How may a tribunal seated in your jurisdiction proceed if a party does not participate in the arbitration?
 
Slovakia
If a party which has been duly informed of the time and place of the arbitral proceedings fails to appear at a hearing or to produce documentary evidence, the arbitral tribunal may continue the proceedings and make the award based on the evidence before it.

For more information about this answer please contact: Michal Lučivjanský from Schoenherr Attorneys at Law
8.8
Are arbitrators immune from liability?
 
Slovakia
The liability of arbitrators is not explicitly regulated. This matter is governed by the general principles of liability under Slovak law; therefore, arbitrators can be liable for any damage caused in exercising their function as arbitrator.

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