The Constitutional Court indirectly confirmed the admissibility of constitutional complaints against arbitral awards. Ruling of the Constitutional Court of the Slovak Republic [SVK], file No II. US 49/2014-8, dated 29 January 2014

Under Art. 127 (1) of the Constitution, the Constitutional Court shall have jurisdiction to decide on individual complaints brought by individuals or legal entities objecting to the violation of their fundamental rights and freedoms. Before the ‘Big Amendment’ to the Constitution in 2001, it was expressly stated that such complaints had to be directed against interference with the fundamental rights and freedoms by public authorities. Although the post-2001 wording does not define the scope of the eligible interfering subjects, legal theory continues to be of the view that it is the public authorities. Technically, arbitral awards are decisions issued by specific bodies empowered by parties to a contract to settle their dispute. Based on this reasoning, it should not be possible to submit a claim against arbitral tribunals as the fact that these do not have the status of “public authorities” is beyond doubt.

keywords
constitutional complaint against arbitral awards
finality of awards
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