Arbitration Courts


There is no doubt, that arbitration as a procedure that owes its existence to the will of parties alone[1] has many advantages, in particular efficiency, speed, lower costs, as well as result in form of binding decision eligible to be directly executed. Since civil judicial proceedings in Slovakia take on average almost 21 months and commercial judicial proceedings almost 22 [2] months, parties rather use to conclude arbitration agreement to resolve their arbitrable disputes effectively via arbitration. 

Under section 7 of the Arbitration Act, sole arbitrator or several arbitrators shall be considered as an arbitral tribunal. Provision of section 7 (2) thereof states the parties’ autonomy to select the number of arbitrators, however their number shall be always odd. Provided the parties do not agree on the number of arbitrators, there shall be three of them. The Arbitration Act also states that the parties may agree on the person of the arbitrator(s) or on the procedure for his/their additional appointment. 

Unless a special regulation or the Arbitration Act provides otherwise, an arbitrator may be any natural person agreed upon by the parties, if he or she is:

  • of full legal age,
  • of full legal capacity and
  • does not have prior criminal convictions.

The Arbitration Act also allows notary public to be an arbitrator unless special regulation provides otherwise. 

An arbitrator shall act impartially, with due professional care in order to ensure proper protection of the rights and legitimate interests of the participants and to ensure that their rights and interests are not infringed and that their rights are not abused to their detriment. An arbitrator who breaches his duties may be even held criminally liable under newly adopted section 326a of the Slovak Criminal Code for committing crime of bending the law.

To ensure effective process, the arbitrator is statutory obliged to act and decide without undue delay. 

Pursuant to section 12 of the Arbitration Act, a permanent court of arbitration having its seat in Slovak Republic may be established only by the Slovak Olympic Committee, national sports unions or chambers established by law (such as the Slovak Bar Association – Arbitration Court of Slovak Bar Association). The permanent court of arbitration must have its statute and rules of procedure adopted. Information about establishment of arbitral tribunals as well as other relevant information shall be disclosed in commercial journal, otherwise arbitral tribunal shall not proceed with arbitration.

Arbitrator

Under the Slovak law, an arbitrator may be any natural person agreed on by the parties, if he or she is

  • of full legal age,
  • of full legal capacity and
  • does not have prior criminal convictions.

The Arbitration Act also allows notary public to be an arbitrator unless special regulation provides otherwise.

Parties have the discretion to agree on the person of certain arbitrator or on the procedure to his/her additional appointment and also on the number of arbitrators, provided they agree on an odd number. If the parties do not agree on the number of arbitrators, there shall be three arbitrators deciding in the arbitral proceedings.

Pursuant to section 6 (3) of the Arbitration Act an arbitrator may also be appointed by so-called Appointing Authority, which is a natural or a legal person selected by the parties or by the court.

Despite parties having the autonomy to select arbitrators, provided they do not agree on specific arbitrator(s), the procedure of appointing the arbitrator(s) shall follow section 8 (2) (a-c) of the Arbitration Act.

The Arbitration Act requires an arbitrator to act impartially, with due professional care in order to ensure proper protection of the rights and legitimate interests of the participants and to ensure that their rights and statutorily protected interests are not infringed and that their rights are not abused to their detriment.

Pursuant to the Arbitration Act no one is obliged to accept the role of arbitrator. The appointed arbitrator shall confirm the acceptance of the position of arbitrator in writing.

To ensure effective process, the arbitrator is statutory obliged to act and decide without undue delay.

Unless the Arbitration Act states otherwise, an arbitrator is, even after the end of his mandate, statutorily obliged to keep confidential all facts of which he became aware during or in connection with the performance of his function as an arbitrator. 

Under the Arbitration Act, the mandate of an arbitrator terminates upon:

  • his withdrawal from the office,
  • his removal from the office,
  • decision of an arbitral tribunal on a challenge under section 9(4),
  • loss or restriction of his legal capacity or
  • his death.

Provided that an arbitrator does not comply with his/her statutory obligations, parties may agree to revoke his/her mandate. The Arbitration Act also envisages with situation, when the mandate of an arbitrator is terminated by courts’ decision after request of a party to the arbitration proceedings. However, pertinent way of termination should be considered as ultima ratio since the courts’ decision shall not be subject to appeal.

A substitute arbitrator shall be appointed provided the mandate of former arbitrator terminates. The parties are free to agree on a procedure of appointing a substitute arbitrator, otherwise procedure stated in Section 8(2) of Arbitration Act shall apply accordingly.



[1] Dell Computer Corp. v. Union des consommateurs, [2007] 2 S.C.R. 801, 2007 SCC 34 (link).

[2] Ministry of Justice of Slovak Republic Statistics fo 2007-2017. Online: <https://www.justice.gov.sk/Stranky/Sudy/Statistika-priemerna-dlzka-konania.aspx>.