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Allen & Overy LLP | Slovakia | 16 Sep 2021

Slovak Supreme Court continues arbitration-friendly approach

A recently published order of the Supreme Court has continued the trend of courts deferring to arbitral findings and a general friendliness towards arbitration. The court order provides welcome reassurance that, on annulment, the Slovak courts will not interfere with substantive findings of arbitral tribunals, and that clerical errors are not grounds for annulment.
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Allen & Overy LLP | European Union, Slovakia | 10 Dec 2020

Termination of BITs: where does this leave Slovakia?

Slovakia recently terminated its bilateral agreements on the encouragement and reciprocal protection of investments with 16 EU member states. This article examines what protection is left for foreign investments in Slovakia from, and for Slovak investors' investments in, other EU countries.
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Allen & Overy LLP | Slovakia | 21 May 2020

Way forward for corporate arbitration

The arbitration court of the Slovak Bar Association (SBA) recently adopted new corporate dispute resolution rules. The SBA arbitration court is one of the most prominent arbitral institutions in Slovakia and the first to adopt specific rules for corporate disputes. The new framework aims to pave the way for more effective and specialised resolution of corporate disputes.
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Allen & Overy LLP | Slovakia | 27 Apr 2020

COVID-19 and business: force majeure

Within the framework of commercial relationships, the question has arisen as to whether the COVID-19 pandemic may be considered a force majeure event and, if so, what impact this could have on contractual obligations. Notably, the occurrence of a force majeure event does not automatically relieve the liability to fulfil an obligation.
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Allen & Overy LLP | European Union, Slovakia | 19 Dec 2019

Enforcement of awards affected by international sanctions

In 2019 the Ministry of Finance issued guidelines on procedures for the effective application of rules on the freezing of financial assets of sanctioned persons in Slovakia. The guidelines answer some practical questions but leave many questions open. One such question concerns enforcement of arbitral awards affected by sanctions – in particular, under what conditions can an award creditor......
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Allen & Overy LLP | Slovakia | 9 May 2019

Termination of contract does not terminate arbitration clause

A recent Banska Bystrica Regional Court decision is one of many which give a positive outlook for arbitration in Slovakia and can be equated with court decisions in arbitration-friendly jurisdictions. A limited review of arbitral awards, with a focus on the procedural aspects of arbitration proceedings, reflects the aim of the Arbitration Act amendment of 2015; however, other court decisions......
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Allen & Overy LLP | Slovakia | 25 Apr 2019

Equal treatment of parties

Section 17 of the Arbitration Act requires the equal treatment of parties in arbitration proceedings. Over the past year, the extent of this procedural safeguard has been tested before numerous Slovak courts, including the Supreme Court, the Bratislava Regional Court and the Banska Bystrica Regional Court. Notably, the courts seem to have avoided an extensive interpretation of Section 17 when......
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Allen & Overy LLP | Slovakia | 11 Apr 2019

Has Slovakia become an arbitration-friendly jurisdiction?

In 2018 the Slovak courts addressed a number of issues while upholding arbitral awards, suggesting that the jurisdiction is becoming more arbitration friendly. This article explores two of these issues – namely, whether courts should review the application of substantive law and facts established by tribunals and the use of public policy as grounds for setting aside an award.
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Allen & Overy LLP | Global, Slovakia | 13 Dec 2018

Falling at the final hurdle: review of arbitral awards in enforcement proceedings

One of the main reasons for choosing arbitration as a method of dispute resolution has always been the finality of arbitral awards. However, in Slovakia, the finality of arbitral awards has often been called into question – even the Constitutional Court has assumed jurisdiction to review arbitral awards. While the country has come a long way in bringing the review of arbitral awards into line......
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Schoenherr | Slovakia | 7 May 2015

Dawn raids – you may call your attorney to come, but cannot say why

Anti-monopoly Office inspectors have recently been criticised for allowing undertakings subject to a dawn raid to call their attorneys to come to the premises in order to provide legal aid during the inspection, but expressly prohibiting them from informing their attorneys as to why they should come. This practice is arguably harmful to undertakings subject to dawn raids and breaches their......
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