Arbitral proceeding

Among the basic functions of the state, which it carries on its sovereign territory, belongs the performance of the judiciary. Arbitral proceeding is one of the institute of law enforcement, through which it is getting to the execution of the right to judicial and other legal protection in the sense of article 46 par. 1 of the Slovak Constitution and it represents a legal alternative to such court proceedings with the possibility of decision-making domestic and international commercial and civil suits. The goal of the permanent arbitral court is to provide faster, more efficient and cheaper procedure for resolving civil and commercial suits in confrontation with proceedings before the courts.

In the arbitral proceedings it is possible to decide suits, which the participants in the proceedings before the court may end up with reconciliation. In the arbitral proceedings cannot be decided suits about creation, modification or termination of ownership rights and other real rights in real estate, personal status, related with the enforcement of the decision and which arise in the course of bankruptcy and composition proceedings.

The jurisdiction of the Permanent arbitral court arises on the basis of the agreement of the contracting parties. It is an agreement between the parties that all or certain suits which have arisen or will arise between them from the specified contractual or other legal relationship, would be decided in arbitral proceedings. This kind of an arbitral agreement may take the form of a specific contract or the form of arbitral clause attached to the contract. Form of the arbitral agreement or the arbitral clause must be written. Failure to comply with the written form shall entail its invalidity. Failure to comply with the written form of the arbitral agreement may be amended by a declaration by the contracting parties into the record in front of the arbiter about subjecting the jurisdiction of the arbitral court not later than before the commencement of the proceedings on the merits. The proposal to initiate arbitral proceedings must contain:

  1. the identification data of the participants in the arbitral proceedings, possibly of their  representatives,
  2. a true description of the key facts,
  3. indication of the evidence which the applicant proposes to carry out,
  4. indication of the legislation to which the applicant refers,
  5. a proposal on the merits,
  6. the signature of the applicant.

The arbitral court shall issue an arbitral judgment, if it rules on the merits, or on the basis of the settlement concluded by participants of the arbitral proceedings. The arbitral court shall decide on any proposal referred to in the application or in the reciprocal application or applied by defaults during the arbitral proceedings; however, it must not exceed the limits applied to the proposals.

The arbitral judgment shall be made in writing and contains:

  1. designation of the arbitral court,
  2. the names and surnames of the arbiters,
  3. designation of participants of the arbitral proceedings and their representatives by the name and the last name or the business name or name,
  4. the place of the arbitral proceedings (§ 23),
  5. the date of issue of the arbitral judgment,
  6. the sentence part,
  7. justification except of a case, where the parties of the arbitral proceedings agreed that the justification of the arbitral judgment is not needed, or if it is the arbitral judgment on agreed conditions (§ 39),
  8. instructions about the possibility of an action before the court for the annulment of the arbitral judgment.

The delivered arbitral judgment, which can be no longer examined, has for the participants of the arbitral proceedings the same effects as the valid judgment of the court and becomes valid and enforceable seizure title, allowing the beneficiary side immediately accede to the instrument permitting enforcement of execution of his claim. On the basis of the arbitration act, it is not possible to lodge an appeal against the arbitral judgment.