Judicial Review of Arbitration Awards in the Slovak Republic: Searching for a New Balance between Arbitration and Courts - Czech and Central European Yearbook of Arbitration - Interaction of Arbitration and Courts - 2015

Author(s): 

Jozef Zámožík

Page Count: 

20 pages

Media Description: 

1 PDF Download

Published: 

March, 2015

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Originally from Czech and Central European Yearbook of Arbitration - Interaction of Arbitration and Courts - 2015

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Abstract | Slovak arbitral proceedings are mainly

regulated by Act No. 244/2002 Coll., on Arbitration.

Twelve years of validity of this act has indicated the

necessity for its modification and amendment. In the

Slovak Republic there are many issues concerning

arbitration resulting from legal regulations. This paper

focuses on the description and analysis of current legal

issues connected with the review competence of courts

in arbitration. These issues result from legal regulation

allowing intervention in the jurisdictional autonomy of

arbitration courts either on the grounds of petitions to

set aside an arbitral award or only during enforcement

proceedings. The paper deals also with the current case

law of the Constitutional Court of the Slovak Republic

leading to further disruption of jurisdictional

immunity. Legal uncertainty and instability caused by

this activity of the courts would suggest a diminishing
use of arbitration.