Arbitration as a private alternative to state court
proceedings is in Slovakia governed by the Arbitration Act No. 244/2002 Coll.
as amended (hereinafter referred to as “Arbitration Act”). Pursuant to the
section 1 (1) thereof, the Arbitration Act regulates resolution of disputes
arisen from national and international commercial and civil relations if the place
of arbitration is within the Slovak Republic.
Arbitrability of the Disputes
The basic principle is that all disputes related to legal relations that are eligible to be resolved by settlement agreement are arbitrable (except for non-arbitrable disputes enumerated in section 1 (3) of the Arbitration Act). Following disputes are excluded from being resolved within the arbitration proceedings:
i) disputes related to rise, modification and/or termination of proprietorial right as well as other in rem rights to immovables,
ii) disputes related to personal status (status disputes),
iii) disputes related to enforcement proceedings and
iv) disputes arising during bankruptcy or restructuring proceedings.
The Arbitration Act regulates both civil and
commercial arbitration in Slovakia. Consumer arbitration is, however, regulated
by a special law which is Consumer Arbitration Act No. 335/2014 Coll. as amended (hereinafter
referred to as “Consumer Arbitration Act”).
Pursuant to section 1 (2) of the Consumer Arbitration Act, all consumer disputes related to legal relations eligible to be resolved by settlement agreement are arbitrable. Consumer disputes are defined as disputes arising from consumer contract concluded by and between a consumer (i.e. private person) and a supplier (i.e. entrepreneur). Just like the Arbitration Act, the Consumer Arbitration Act in section 1 (3) explicitly excludes the same types of disputes from arbitration (see above).
Provided there is an agreement between parties to undertake
arbitration and a dispute is arbitrable, arbitration presents an
effective alternative to classic dispute resolution by the state courts. An arbitral
award is, without any interference of court, considered as fully
enforceable executive title suitable for execution by state judicial