Slovak enforcement courts have a limited right to reject the enforcement of an arbitral award. Ruling of the Constitutional Court of the Slovak Republic [SVK], file No II. US 499/2012-47, dated 10 July 2013

The case relates to a dispute which arose from an insurance contract entered into between the complainant (insurance company) and its counterparty. The counterparty failed to perform under the insurance contract and, consequently, the complainant sought enforcement on the basis of an arbitral award validly issued by an arbitral tribunal having jurisdiction to hear the case. Following this, the court executor filed a request with the court to grant authorisation to commence enforcement proceedings. Oddly enough, the court requested the submission of additional documents (the insurance contract and terms and conditions of the insurance) and came to the debatable conclusion that the respective arbitration clause was invalid, but without actually examining the issue in detail. The resolution was confirmed by the appellate courts at all instances.

keywords
arbitral award
court enforcement proceedings
enforcement of an arbitral award
validity of an arbitration clause
court review
rejection of enforcement
about the authors

Martina Kasemová, Lawyer, Allen & Overy Bratislava, s.r.o.

e-mail: Martina.Kasemova@AllenOvery.com


Martin Magál, Partner, Allen & Overy Bratislava, s.r.o.

e-mail: Martin.Magal@AllenOvery.com