Judicial Review of Arbitration Awards in the Slovak Republic: Searching for a New Balance between Arbitration and Courts
pages 271 - 290
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 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.

keywords
arbitration proceedings
arbitration
Slovak Republic
permanent arbitration court
arbitrability
jurisdictional autonomy
review of an arbitral award
setting aside an arbitral award
about the authors

Jozef Zámožík is a senior lecturer at Trnava University in Trnava, Faculty of Law. He teaches Civil Procedural Law and Arbitration Law. In his research, he primarily focuses on domestic and international arbitration, European and international procedural law and theory of law of civil procedure. He also practices civil and commercial law as an attorney at law in Trnava and Bratislava.

e-mail: jozef.zamozik@gmail.com