Slovakia - Arbitration Law and Practice in Central and Eastern Europe
Ľuboš Frolkovič (Slovakia) is a Partner at the Bratislava office of Wolf Theiss.
Pavol Biksadský (Slovakia) is an Attorney in Bratislava office of Wolf Theiss.
Originally from Arbitration Law and Practice in Central and Eastern Europe
1. GENERAL LEGAL FRAMEWORK
1.1 National law
a) Current status
What is the current status? When was it enacted? Have there already been amendments?
At present, arbitration in Slovakia is governed by Act No. 244/2002 Coll. on Arbitration Proceedings (hereinafter the “Arbitration Act of 2002”). This act superseded Act No. 218/1996 Coll. on Arbitration Proceedings. The Arbitration Act of 2002 has not been subject to any amendments since the date of publication.
In addition to the Arbitration Act of 2002, there is also some ancillary legislation relevant in the field of arbitration. Act No. 9/1992 Coll. on Chambers of Commerce and Industry, as amended, states that chambers established pursuant to this act can set up and run a permanent arbitration court. Act No. 229/1992 Coll. on the Commodity Exchange provides for the establishment of a permanent arbitration court affiliated with the Commodity Exchange. Under Act. No. 510/2002 Coll. on Cashfree Payments, banks are obligated to establish a permanent arbitration court to handle all disputes arising out of cash-free payment operations. This permanent arbitration court can also handle other disputes arising out of banking transactions under the Banking Act, No. 483/2001 Coll., as amended.
b) Future development
Are amendments intended? If so, please outline the timing and the intended changes.
We are not aware of any discussions or intentions to introduce substantial amendments at the present time to the existing Arbitration Act of 2002. However, a legislative amendment relating to some minor issues is to be presented to the Slovak Parliament before the end of the year 2005. This amendment deals with publications of data pertaining to permanent arbitral institutions, as well as with a register of permanent arbitral institutions, which is to be administered by the Ministry of Justice of the Slovak Republic.