RULES OF PROCEDURE OF THE ARBITRATION COURT OF THE SLOVAK BAR ASSOCIATION
The Slovak Bar Association, as a self-regulated professional organization and legal person established by Act No. 586/2003 Coll. on Advocacy and on Amending and Supplementing Act No. 455/1991 Coll. on Trade Licenses (the Trade Licensing Act), as amended, is, pursuant to the Fourth Head of the First Part of Act No. 244/2002 Coll. on Arbitration, as amended, the founder of the permanent arbitration court called the Arbitration Court of the Slovak Bar Association, having its seat in Bratislava, Slovak Republic.
Pursuant to the Statute in force as from September 2, 2019 published in Commercial Gazette No. 168/2019 of September 2, 2019, the Slovak Bar Association issued rules of procedure of the Arbitration Court of the Slovak Bar Association in force as from September 2, 2019, which was published in Commercial Gazette No. 168/2019 of September 2, 2019, , which the Slovak Bar Association now amends and replaces with the following rules of procedure.
(1) Definitions. Terms with capital letters, which are not defined in these rules of procedure of the Arbitration Court (the “Rules of Procedure”), have the meaning determined in the Statute.
(2) Arbitration Court. The Arbitration Court is established by the Association. The Arbitration Court is subject to the Statute, which governs its internal functioning and subject-matter competence.
(3) Rules of Procedure. The Association issues the Rules of Procedure under Sections 12(2) and 14 of the Arbitration Act. The Rules of Procedure govern, in particular, (i) the conduct of procedure before the Arbitration Court, including the process of appointment and revocation of arbitrators, (ii) the Rules on Costs (Annex A), the Rules on Remuneration (Annex B), (iii) the Rules of settlement procedure (Annex C) and (iv) the Supplementary Rules for Corporate Disputes (Annex D)
(4) Arbitration rules. Arbitration is governed by the Rules of Procedure, the Statute, the rules determined by the arbitral tribunal, and the rules agreed upon by the parties. The Arbitration Act governs matters which are not regulated by the methods set out in the preceding sentence. An agreement of the parties, or its part, which, after having considered all of the circumstances, is incompatible with the Rules of Procedure, the Statute, or the Arbitration Act, is disregarded in the procedure before the Arbitration Court and is deemed non-binding and unenforceable.
(5) Selection of the Arbitration Court. The Arbitration Rules apply to disputes, which the parties in an arbitration agreement or an arbitration clause (the “Arbitration Agreement”) agreed to resolve in arbitration before the Arbitration Court (for instance, by reference to the Arbitration Court or its arbitration rules).
(6) Place of arbitration. The place of arbitration is Bratislava, Slovak Republic. The oral hearing, consultations among members of the arbitral tribunal, examination of goods, property or documents, or any other procedural acts, may be conducted at any location, which the arbitral tribunal determines after consulting the parties.
(7) Language of arbitration. Arbitration before the Arbitration Court is in the Slovak language, unless the parties agreed on using a different language or languages. Apart from Slovak language, the parties may also choose Czech, English, or German language. The Arbitration Court or the arbitral tribunal may order to have the submissions or evidence accompanied by an official translation into Slovak language.
(8) Applicable law. When deciding the dispute, the Arbitration Court applies the substantive law chosen by the parties. Absent such agreement, the arbitral tribunal applies the law which it determines under the conflict-of-law rules of Slovak law. The Arbitration Court always applies the procedural law of the Slovak Republic.
(9) Number of copies. All submissions in arbitration must be filed in a number of copies so that each party (except the party making the submission), each arbitrator, and Secretary can receive one copy.
(10) Power of attorney. The Arbitration Court is entitled to request, in any stage of arbitration, the submission of powers of attorney or any document that proves the right to act or speak on behalf of a party.
Statement of Claim, Statement of Defense, and Counterclaim
(1) Statement of claim. Arbitration commences on the date when the statement of claim was delivered to the Arbitration Court. The statement of claim must contain, at least, (i) a designation of the parties, and potentially their representatives (ii) a description of the decisive facts, (iii) a designation of evidence that the claimant proposes to be taken, (iv) reference to laws relied upon in the statement of claim, (v) a request for relief, (vi) the value of dispute in EUR or its estimate, (vii) a copy of the Arbitration Agreement, (viii) the name of the arbitrator that the claimant nominates if the dispute is to be resolved by a three-member arbitral tribunal according to the Arbitration Agreement and the claimant has the right to nominate an arbitrator, and (ix) the claimant’s signature or the claimant-representative’s signature.
(2) Effect of the statement of claim’s submission. The submission of the statement of claim to the Arbitration Court has the same legal effects as if the statement of claim was filed with a competent general court.
(3) Removal of submission’s defects. If the statement of claim does not satisfy the prescribed requirements or is not filed in the prescribed number of copies, the Secretary will request the claimant to supplement the statement of claim within a time period not shorter than 14 days.
(4) Sending of the statement of claim to the respondent. If the statement of claim satisfies all requirements and the Arbitration Court accepts the dispute after a prima facie assessment of its jurisdiction under Article III(7)(c) or Article III(10)(b) of the Statute, the Secretary will send the statement of claim to the respondent without delay together with the Statute, the Rules of Procedure, and the List of Arbitrators.
(5) Statement of defense. When sending the statement of claim, the Secretary requests the respondent to respond to it within a time period of 30 days. The Secretary may extend the time limit before it lapses at the respondent’s request. The statement of defense contains, at least, (i) a designation of the parties, and potentially their representatives, (ii) the respondent’s response to the decisive circumstances, evidence and laws set out in the statement of claim, (iii) a description of the decisive facts, designation of the evidence that the respondent proposes to be taken, and reference to the laws relied upon by the respondent, (iv) a request for relief, (v) the name of arbitrator that the respondent nominates if the dispute is to be resolved by a three-member arbitral tribunal according to the Arbitration Agreement and the respondent has the right to nominate an arbitrator, and (vi) the respondent’s signature or the respondent-representative’s signature.
(6) Party default. If the respondent does not submit the statement of defense, or if any party refuses to participate, for instance, by not attending the oral hearing or is otherwise inactive in the arbitration, the Arbitration Court may continue with the arbitration and decide on the basis of submissions and evidence submitted to it.
(7) Counterclaim. Together with the statement of defense, the respondent may file a counterclaim in which it will assert its rights against the claimant. The statement of defense must at least satisfy the requirements set out in Article II(1)(i) to (vii) and (ix) of the Rules of Procedure. The provisions of the Rules of Procedure concerning the statement of claim apply accordingly to the counterclaim.
(8) Exclusion into separate proceedings. If the Arbitration Court deems it appropriate, it may exclude the counterclaim into a separate arbitration.
(9) Change and supplementation of claim. The parties may amend and supplement their claims in the course of arbitration, unless the arbitral tribunal deems such amendment or supplementation unacceptable because, according to the arbitral tribunal, such amendment or supplementation may cause unreasonable delays in the proceedings, unreasonably increase the costs of arbitration or otherwise impose an unreasonable burden upon due continuance of arbitration. The decision of the Arbitration Court that the amendment or supplementation is unacceptable does not prevent a party from submitting a separate claim to the Arbitration Court.
(10) Consolidation of proceedings. The Arbitration Court may consolidate several arbitrations pending before the Arbitration Court into one proceeding. The Arbitration Court reflects the parties’ positions and takes into consideration, in particular, the issues of compatibility of the Arbitration Agreements and the composition of the arbitral tribunals.
Decision on Acceptance of the Statement of Claim and on Jurisdiction
(1) Acceptance of the statement of claim. If the Arbitration Court accepts the statement of claim for arbitration, the Secretary will send it to the respondent pursuant to Article II(4) of the Rules of Procedure. If the Arbitration Court refuses to accept it, the Secretary informs the claimant accordingly; this is without prejudice to the claimant’s right to ask for declaratory relief that the Arbitration Agreement is valid or to request the respondent to confirm the validity or acceptance of the Arbitration Agreement.
(2) Assessment of jurisdiction by the arbitral tribunal. The notification of acceptance of a dispute for arbitration under Article III(1) of Rules of Procedure does not affect the right of the arbitral tribunal to individually assess the jurisdiction of the Arbitration Court in an arbitral order or arbitral award, including the objection concerning the existence or validity of the Arbitration Agreement. If the Arbitration Court rules on jurisdiction in an arbitral order, the party that raised the jurisdictional objection may, in accordance with Section 21(4) of the Arbitration Act, file a motion with a court within 30 days of delivery of the arbitral order to decide on the objection. The Arbitration Court may continue with the proceedings and render an award while the decision upon such objection is pending.
(3) Time limitation. Sections 21(2) and (3) of the Arbitration Act govern the time limitation for raising objections on lack of jurisdiction.
(1) Rights and obligations of arbitrator. The rights and obligations of arbitrators are set forth in the Arbitration Act, the Statute, and the Rules of Procedure and may also result from the agreement between the parties and an arbitrator. Pursuant to Section 6a of the Arbitration Act, an arbitrator undertakes to perform the mandate independently and impartially and with professional care so that fair protection of the parties’ rights and legitimate interests are ensured and their rights and legally protected interests are not violated and that rights are not abused against them; an arbitrator must also act and decide without undue delay.
(2) Nomination and appointment of arbitrator by the party. The party may nominate any person inscribed in the List of Arbitrators or any other person to act as an arbitrator, if such other person satisfies the general conditions for Inscription laid down in Article V(3) of the Statute and special conditions for Inscription laid down in Article V(4)(a) and V(4)(b) of the Statute. If the person decides to accept the arbitrator’s mandate, he must do so pursuant to Article IV(4) of the Rules of Procedure. The party-nominated person is deemed to be appointed as an arbitrator only after such person has been accepted by the President pursuant to Article III(7)(a) or the Board pursuant to Article III(10)(c) of the Statute. Any reference in the Arbitration Agreement to a party’s right to nominate, appoint, choose, or select an arbitrator is always interpreted as the right to nominate pursuant to this Article of the Rules of Procedure.
(3) Appointment of arbitrator by the Board. The Board may only appoint a person inscribed in the List of Arbitrators as an arbitrator. Before the appointment of the arbitrator by the Board pursuant to Article III(10)(d) of the Statute, the Secretary grants the parties an opportunity to present their position as to the person preliminarily chosen by the Board as a potential arbitrator and provides them with the Declaration of Independence and Impartiality of that person.
(4) Acceptance of arbitrator’s mandate. By accepting the arbitrator’s mandate, the arbitrator agrees to fulfil his rights and obligations under the Rules of Procedure, the Statute, as well as the Arbitration Act in matters not regulated by the Rules of Procedure and the Statute. When accepting the arbitrator’s mandate, the arbitrator fills in truly and completely, signs and delivers to the Secretary the Declaration of Independence and Impartiality using the form published on the website of the Arbitration Court. The arbitrator must deliver the Declaration of Independence and Impartiality to the Secretary within 15 days of delivery of (i) the notification of being nominated by a party or other arbitrators or (ii) the notification of being preliminarily selected by the Board. If the arbitrator fails to do so, the arbitrator is deemed to have rejected the arbitrator’s mandate.
(5) Ongoing obligation of independence and impartiality. After being appointed, the arbitrator must notify the parties, other co-arbitrators and the Secretary of all circumstances that have arisen during arbitration and that may have an influence on declarations made in the Declaration of Independence and Impartiality.
(6) Objection of bias against an arbitrator. A party may raise an objection of bias against an arbitrator after his appointment exclusively on grounds of which it became aware after the arbitrator’s appointment. The objection is filed with the Arbitration Court and must be addressed to the Secretary, which forwards the objection to the arbitrator which the objection concerns. If the arbitrator does not withdraw from his mandate within 15 days of having received such objection, the Board decides on the objection pursuant to Article III(10)(e) of the Statute within 45 days of its delivery to the Arbitration Court. If the Board does not grant the objection or does not decide on it within the given time period, the objecting party is entitled to request the court to decide upon the objection pursuant to Section 9(5) of the Arbitration Act.
(7) Withdrawal from the arbitrator’s mandate. The arbitrator may only withdraw from the mandate because of serious grounds. The withdrawal must be made in writing and addressed to the Secretary. The withdrawal becomes valid at the moment when the President pursuant to Article III(7)(b) of Statute or the Board pursuant to Article III(10)(f) of the Statute renders a decision accepting such withdrawal.
(8) Revocation of arbitrator. The Board may revoke the arbitrator or arbitrators (i) based on the request of any party if the arbitrator or arbitrators without sufficient and proper reasons and despite the Secretary’s written warning do not act in arbitration without delay, (ii) based on the objection of bias, or (iii) if it is necessary to preserve the principle of parties’ equality when appointing the arbitral tribunal. The Board always revokes the arbitrator and arbitrators if so proposed or agreed by all parties.
(9) Termination of arbitrator’s office. The arbitrator’s mandate terminates on the date of (i) issuance of the decision accepting the withdrawal from the arbitrator’s mandate, (ii) delivery of the revocation of the arbitrator to the arbitrator, but not later than the expiry of seventh day after sending the revocation to the address that the arbitrator notified to the Arbitration Court as an address for service, or (iii) when the arbitrator ceases to satisfy the general conditions for Inscription set out Article V(3) of the Statute.
(10) Substitute arbitrator. If the arbitrator’s mandate is terminated, the right to nominate a substitute arbitrator belongs to the party that originally nominated that arbitrator; the right to nominate a substitute arbitrator expires if not exercised within 30 days of when the party, parties, or arbitrators entitled to exercise such right have learned that the original arbitrator’s mandate has terminated. If the right to nominate under the preceding sentence expires or if the right to appoint the original arbitrator was entrusted upon the Board, the Board appoints the substitute arbitrator within 60 days of when the original arbitrator’s mandate has terminated. The provisions of the Statute and the Rules of Procedure for the appointment of the original arbitrator apply accordingly to the appointment of a substitute arbitrator.
(11) Remuneration and reimbursements of the arbitrator’s costs. The arbitrator is entitled to remuneration and reimbursement of costs pursuant to the Rules on Costs and the Rules on Remuneration.
(1) Number of arbitral tribunal’s members. Arbitration is conducted by a one or a three member arbitral tribunal. The parties may agree on whether the dispute is to be submitted to a one or three member arbitral tribunal. If no such parties’ agreement exists, the President decides pursuant to Article III(7)(d) of the Statute.
(2) Creation of a one member tribunal. Unless otherwise agreed by the parties, the arbitrator of a one member tribunal is nominated by a joint proposal submitted to the Arbitration Court. If the parties make no such a proposal within 30 days upon the Secretary’s request, the arbitrator is appointed by the Board pursuant to Article IV(3) of the Rules of Procedure.
(3) Creation of a three member tribunal. A three member tribunal consists of two arbitrators and a presiding arbitrator. Unless otherwise agreed by the parties, arbitrators of a three member tribunal are appointed by one arbitrator being nominated by claimant, one by respondent, and these two arbitrators, after having been accepted by the President or the Board, jointly nominate the presiding arbitrator. Article IV(2) of the Rules of Procedure accordingly applies to nomination and appointment of the presiding arbitrator by two arbitrators. If any party or two arbitrators fail to make such nomination within 15 days of being requested by the Arbitration Court, the Board appoints the arbitrator or presiding arbitrator pursuant to Article IV(3) of the Rules of Procedure.
(4) Plurality on the side of claimant or respondent. Unless otherwise agreed by the parties, if there are more persons on the side of the claimant or respondent, the persons on one side nominate the arbitrator jointly. If persons on the side of the claimant or respondent fail to jointly nominate the arbitrator within 15 days of being so requested by the Arbitration Court, it is deemed that the persons on one side agreed to have the arbitrators appointed by the Board pursuant to Article IV(3) of the Rules of Procedure.
(5) Transmission of the file. The Secretary transmits the whole arbitration case file to the arbitral tribunal without undue delay after appointment of all arbitrators and informs the parties accordingly.
Conduct of Proceedings
(1) Principles of proceedings. Subject to the Rules of Procedure, the Statute, and the Arbitration Act, the arbitral tribunal, after having consulted the parties, is entitled to adopt procedural rules and conduct the proceedings in a way it deems appropriate; the arbitral tribunal grants each party equal opportunity to exercise its rights and for their protection.
(2) Procedural rules. Within 30 days of receiving the file from the Secretary, the arbitral tribunal, after having consulted the parties, adopts the procedural rules and provisional timetable of the proceeding. The parties undertake to follow these procedural rules and the provisional timetable of the proceeding. The parties undertake to cooperate with the Arbitration Court and the arbitral tribunal in the resolution of the dispute and follow the procedural decisions, including the interim measures.
(3) Taking of evidence. The arbitral tribunal takes evidence proposed by the parties and may seek evidence, request the submission of evidence, and examine the parties’ representatives, witnesses, persons possessing expertise („experts“) and sworn experts. The arbitral tribunal assesses the selection and manner of taking of evidence according to its potential contribution to the clarification of the dispute. The rules on confidentiality, examination, taking, and assessment of evidence set out in Section 27 paragraphs 2 through 4 of the Arbitration Act apply.
(4) Experts and sworn experts. The arbitral tribunal may appoint an expert or experts, a sworn expert or sworn experts, if its decision may depend on the assessment of circumstances that require expertise. The arbitral tribunal provides the parties an opportunity to comment on the prospective expert or sworn expert before the appointment; for this purpose, the arbitral tribunal invites the expert or sworn expert to submit a statement of not being biased. The expert submits an expert statement or the sworn expert submits an expert opinion answering the questions posed by the arbitral tribunal. The arbitral tribunal may order a party to provide the expert or sworn expert with all relevant information or to submit or produce all relevant documents or objects, provide him with necessary explanations, or to do or to refrain from doing something, if it is necessary for submitting an expert statement or expert opinion. The arbitral tribunal will cancel the appointment of an expert or sworn expert based on a party’s objection if, according to the arbitral tribunal’s opinion, there are reasonable doubts as to whether the expert is unbiased. The party may deliver the objection to the arbitral tribunal within 15 days of when it became aware of the reasons giving rise to doubts as to whether the expert or sworn expert is unbiased, if the party did not know about such reasons at the time when it became aware of the expert’s or sworn expert’s appointment. The appointment of an expert or sworn expert by the arbitral tribunal does not prevent the parties from proposing evidence in the form of an expert statement or expert opinion prepared by another expert or sworn expert and from examining such expert or sworn expert.
(5) Oral hearing. Unless the parties agreed otherwise, the arbitral tribunal decides whether and when to hold an oral hearing or whether the proceedings will be conducted in writing only. If the parties did not exclude the possibility of holding an oral hearing, the arbitral tribunal orders an oral hearing if so requested by any party. If the date of an oral hearing is not determined in the provisional timetable, the arbitral tribunal notifies the order and day of the oral hearing with a sufficient advance notice, typically not shorter than 15 days.
(6) Termination of proceedings. The Arbitration Court terminates the arbitration in part or in whole, if:
(a) the claimant does not rectify the defects of the statement of claim after the Secretary’s request pursuant to Article II(3) of the Rules of Procedure,
(b) the respondent does not rectify the defects of the counterclaim after the Secretary’s request under Article II(3) of the Rules of Procedure; in such case, the Arbitration Court terminates the proceeding in part of the counterclaim,
(c) the claimant fails to pay the registration fee, procedural fee, or advance on particular costs even after the Secretary’s repeated request,
(d) the respondent fails to pay the registration fee, procedural fee, or advance on specific expenses in relation to the counterclaim even after the Secretary’s repeated request; in such case, the Arbitration Court terminates the proceeding in part of the counterclaim,
(e) the claimant withdraws the statement of claim and the respondent confirms that it does not insist on having the statement of claim heard by the arbitral tribunal,
(f) the respondent withdraws the counterclaim and the claimant confirms that it does not insist on having the counterclaim heard by the arbitral tribunal; in such case, the Arbitration Court terminates the proceeding in part of the counterclaim,
(g) the Arbitration Court concludes, after the prima facie assessment of jurisdiction pursuant to Article III(10)(b) of the Statute, that the Arbitration Court obviously does not have jurisdiction to decide on the submitted dispute,
(h) the arbitral tribunal concludes that it does not have jurisdiction to decide on the merits,
(i) the parties concluded a settlement and (i) they did not request the Arbitration Court to record the settlement in the form of an arbitral award or (ii) the Arbitration Court did not accept such parties’ request, or
(j) the arbitral tribunal concludes that the continuance of the arbitration is not possible or needed.
(7) End of proceedings. The arbitration ends on the day of sending the arbitral order on termination of arbitration or the arbitral award to the parties. The end of arbitration does not affect the steps of the Arbitration Court pursuant to Article IX(4) and Article X of the Rules of Procedure.
(1) Order of an interim measure. The arbitral tribunal may order an interim measure by an order at the request of a party if it is necessary to temporarily adjust the parties’ relations, if there is a risk that the enforcement of an arbitral award might be jeopardized, if there is a risk that evidence may not be taken in the future at all or only with great difficulties, or in other cases that the arbitral tribunal deems necessary or appropriate.
(2) Change or termination. The arbitral tribunal may, on its own motion or at the party’s request, change or terminate the interim measure if the reasons for ordering the interim measure change or do not exist anymore.
(3) Security and compensation for damages. The arbitral tribunal may make a decision on interim measure subject to the submission of a security for any loss that may occur in relation to ordering the interim measure by the party which requests the interim measure to be ordered. If the respective party, within the time limit set by the arbitral tribunal, fails to submit the security or fails to pay the fee set in the List of Fees, the arbitral tribunal rejects the request to order interim measure. If the interim measure ceases to exist because the respective party’s request for relief on merits was not granted or it was terminated based on an objection pursuant to Article VII(5), the respective party is obliged to compensate the other party for damages it incurred as a result of ordering the interim measure. The arbitral tribunal may also decide on damages compensation pursuant to the preceding sentence.
(4) Ordering an interim measure before the arbitral tribunal’s appointment. The Arbitration Court may, at a party’s request, order an interim measure set out in Article VII(1) even before the appointment of an arbitral tribunal through a so determined arbitrator pursuant to Article III(10)(j) of the Statute.
(5) Ex parte ordering an interim measure. The arbitrator referred to in Article VII(4) or the arbitral tribunal may, at a party’s request, order an interim measure set out in Article VII(1) even without delivering the request to the other party for comments. The arbitrator referred to in Article VII(4) or the arbitral tribunal delivers the request to order an interim measure together with an order by which it was decided on the request. The other party may file objections to the so ordered interim measure to the Arbitration Court within 15 days of its delivery to this party. The objections do not have suspensory effects unless the arbitral tribunal decides otherwise. Within 30 days of filing the objections, the arbitral tribunal will decide whether it terminates, changes, or confirms the interim measure. If the interim measure was ordered before the arbitral tribunal’s appointment and the arbitral tribunal was not appointment at the time of filing of the objections to the Arbitration Court, the arbitrator referred to in Article VII(4) will decide on the objections’ suspensory effect and on the objections. An execution title pursuant to the Arbitration Act is (i) an order made otherwise than ex parte and (ii) an order confirming or changing an ex parte interim measure pursuant to Article VII(5).
(1) One-member arbitral tribunal. If the arbitral tribunal consists of one member, the arbitrator decides the dispute alone, including on all procedural questions.
(2) Three-member arbitral tribunal. If the arbitral tribunal consists of three members, every decision requires consent of the majority of the arbitrators, whereas the presiding arbitrator is entitled to decide on procedural matters alone if (i) so entrusted by the other arbitrators of the arbitral tribunal or (ii) the situation can suffer no delay.
(3) Voting. The voting on arbitral decisions is closed to the public. If an arbitrator does not participate in voting, although having received proper notice of the voting, the other arbitrators may decide without such arbitrator. In case of a tie vote, the presiding arbitrator’s vote decides.
(4) Signing and dissenting opinion. An arbitral decision is signed by all arbitrators of the arbitral tribunal except for procedural decisions made by the arbitral tribunal’s presiding arbitrator pursuant to Article VIII(2) of the Rules of Procedure. If the arbitrator refuses to sign the decision or does not sign it for another reason, this is stated in the decision together with the reason why the arbitrator did not sign the decision. The arbitrator who was outvoted by the other arbitrators is entitled to attach his dissenting opinion to the decision and provide reasons for it.
(1) Subject. The arbitral tribunal issues an arbitral award if deciding on the merits or on the basis of a settlement concluded between the parties. In all other matters, the arbitral tribunal decides by an arbitral order. The provisions of the Rules of Procedure and the Statute governing the arbitral award apply to the arbitral order accordingly.
(2) Scope. The arbitral tribunal decides in an arbitral award on every request for relief accepted for arbitration, but must not exceed the scope of these submitted requests. The arbitral tribunal may render a partial award on the legal basis or in respect of a part of the relief sought, but it must state in the operative part that it is a partial award.
(3) Form, content, and dispatch. The arbitral tribunal issues the arbitral award in writing. The arbitral award contains at least the particulars set out in Section 34 paragraphs 2 and 4 of the Arbitration Act. The arbitral tribunal sends the signed arbitral award to the Secretary who ensures its delivery to the parties.
(4) Supplementation and correction. If (i) the arbitral tribunal did not decide in the arbitral award on every request for relief accepted for arbitration or (ii) the arbitral award contains typographical or computational errors or other similar obvious irregularities, the arbitral tribunal may issue a supplementary or corrective award, which becomes part of the supplemented or corrected award, at the party’s request submitted within 30 days of delivery of the arbitral award to the party making the request for supplementation or correction or on its own motion within 30 days of delivery of the arbitral award to the last party.
Effects and Review of an Arbitral Award
(1) Effects. The delivered arbitral award that may not be reviewed pursuant to Article X(2) of the Rules of Procedure or in respect of which the time period for filing the application for its review has lapsed has the same effects for the parties as an effective court judgment.
(2) Review. The parties may agree that the arbitral award may be reviewed by another arbitral tribunal appointed by the Board. A party has the right to file an application for reviewing the arbitral award with the Arbitration Court within 15 days of the delivery of the arbitral award to that party. The failure to file such application by the entitled party within the time period stated in the preceding sentence does not affect the party’s right to seek the setting aside of the arbitral award by a general court as provided under Arbitration Act.
(3) Review procedure. The review procedure is conducted accordingly pursuant to the Rules of Procedure governing the procedure leading to making the arbitral award. The review procedure is conducted by a one-member tribunal unless the Board, having regard to the value and complexity of the dispute, decides on the appointment of a three-member tribunal. The review procedure may only commence if the applicant paid the registration fee and the fee for the application for review procedure set out in the List of Fees within the time period for filing the application for review. The arbitral tribunal determines the procedural rules and provisional timetable so that the party which did not file the application for review has the right to submit one written submission and that the scrutiny arbitral award is issued within 3 months of delivery of the request for reviewing the arbitral award to the Arbitration Court.
(4) Scrutiny arbitral award. By the scrutiny arbitral award, the arbitral tribunal may decide on confirmation of the arbitral award or change of the arbitral award. The scrutiny arbitral award cannot be challenged by a request for review to the Arbitration Court. The delivered scrutiny arbitral award has the same effect as an effective court judgment.
(5) Procedure after setting aside the arbitral award by a court. If the court sets aside the arbitral award or the scrutiny arbitral award and remands the matter to the Arbitration Court for further proceeding, the arbitrators involved in the set aside award are excluded from further hearing and deciding on the merits. The provisions of the Statute and the Rules of Procedure governing the procedure before setting aside of the arbitral award apply to the further proceeding accordingly.
Service and Time Periods
(1) Methods of service. The Arbitration Court delivers the communications by mail or courier, in person, or by electronic means. The service by electronic means is excluded when delivering the arbitral award, which must be delivered to the hand of the recipient.
(2) Person effecting service. Delivery is made to the party or its representative. If the delivery is to be made to multiple representatives, it is made to the one which the party designates for delivery; if the party does not designate such a representative, delivery is made to any one of them.
(3) Delivery. If the Arbitration Court delivers by mail or by courier to the address of (i) the seat of legal person inscribed in the Commercial Register or any similar public register, (ii) place of business of an entrepreneur inscribed in the Commercial Register or any similar public register, or (iii) permanent or temporary stay of a person which is not an entrepreneur, and no proof of a previous delivery exists, the communication is deemed to have been delivered on the third working day after the handing over of the communication to the post or courier if delivering within the Slovak Republic and on the tenth working day after the handing over of the communication to the post or courier if delivering abroad; when delivering abroad, the delivery is usually made by courier. If the Arbitration Court delivers to the email address that the party notified to it, the communication is deemed to have been delivered on the day following the day after its transmission.
(4) Time periods. The time periods commence on the day following the day when the event, relevant for the beginning of the time period, occurred. If that day is Saturday, Sunday, or a bank holiday or any other day of public holiday in the place of delivery, the time period commences on the first following working day. The time periods specified by weeks, months, or years end with the expiry of the day, whose designation is the same as the day, when the event, provided for the beginning of the time period; if there is no such a day in that month the time period ends on the last day of that month. If the time period ends on Saturday, Sunday, bank holiday or any other public holiday in the place of delivery, the last day of the time period is the first following working day. Saturdays, Sundays, bank holidays or public holidays during of the time period do not interrupt the duration of the time period, unless the time period is determined according to the working days. If the arbitral tribunal does not act with the time period set under the Rules of Procedure, its competence to make such an act does not extinguish, unless otherwise provided by law.
(1) To the extent permissible under the Slovak Republic’s legal order, the Association, its employees, members of the Board, the Secretary, and arbitrators are not liable for damages caused in any connection with arbitration, unless caused by an intentional act. The loss of profit is always excluded from the compensation for damages.
(1) Applicability. The parties which agreed to submit its dispute to decision of the Arbitration Court are subject to the Statute and the Rules of Procedure in force at the time of commencing the arbitration.
(2) Validity and effectiveness. These Rules of Procedure become valid and effective on the day of publication in the Commercial Gazette. As of the day preceding the validity and effectiveness of the Rules of Procedure, the rules of procedure effective as from July 1, 2016 cease to be valid and effective, while their provisions apply to arbitration commenced before the validity and effectiveness of the Rules of Procedure and the effects of an action taken before validity and effectiveness of the Rules of Procedure remain intact.