Answer ... The relevant legislation on arbitration in Slovakia is as follows:
- Act 244/2002 Coll, on arbitration, as amended (the ‘Arbitration Act’);
- Act 335/2004 Coll, on consumer arbitration proceedings, as amended (the ‘Consumer Arbitration Act’);
- Act 160/2015 Coll, the Civil Proceedings Code for Adversarial Proceedings, as amended; and
- Act 233/1995 Coll, on court bailiffs and enforcement of judgments, as amended (the ‘Code of Civil Enforcement of Judgments’).
The Arbitration Act is the primary law on arbitration in Slovakia. The Arbitration Act governs:
- the resolution of disputes arising out of domestic and international commercial and civil legal relationships where the place of arbitration is Slovakia; and
- the recognition and enforcement of domestic and foreign arbitral awards in Slovakia.
However, disputes such as the following cannot be resolved by arbitration:
- disputes regarding the creation, change or termination of ownership rights and other rights in rem in respect of real property;
- disputes regarding personal status;
- disputes regarding compulsory enforcement of decisions; and
- disputes arising in the course of insolvency proceedings and restructuring proceedings.
Also, disputes between a supplier and a consumer arising out of or in connection with a consumer contract, which can be resolved by consumer arbitration, are not arbitrable under the Arbitration Act, but only under Consumer Arbitration Act. It is unclear whether disputes concerning labour law are arbitrable.
Further, the Arbitration Act stipulates that in order to be valid, an arbitration agreement shall be in writing - whether in the form of a separate agreement or an arbitration clause in a contract.
Answer ... No, the Arbitration Act does not distinguish between domestic arbitration and international arbitration. The Arbitration Act only defines a ‘foreign arbitral award’ as an award made in the territory of a country other than Slovakia which contains a ruling on the merits of the respective case.
Answer ... Yes, the major amendment to the Arbitration Act which became effective in 2015 transposed the UNCITRAL Model Law on International Commercial Arbitration into Slovakian law. However, the Arbitration Act does not reflect all provisions of the UNCITRAL Model Law.
Answer ... No, in general, the arbitration legislation is subject to the agreement of the parties. However, the Arbitration Act includes certain mandatory provisions, such as the principal conditions of arbitration (eg, arbitrability of the dispute and personal requirements for arbitrators).
Answer ... Currently there are no plans to amend the arbitration legislation in Slovakia.
Answer ... Slovakia has been a signatory to the New York Convention since 1 January 1993 (as a legal successor to Czechoslovakia). No reservations were made.
Answer ... Slovakia is a signatory to the following main treaties relevant to arbitration:
- the Energy Charter Treaty, 1998;
- the Convention on the Settlement of Investment Disputes between States and Nationals of Other States, 1994;
- the European Convention on International Commercial Arbitration, 1964;
- the Protocol on Arbitration Clauses, 1931; and
- the Convention on the Execution of Foreign Arbitral Awards 1931.