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Copyright © International Chamber of Commerce (ICC). All rights reserved.
( Source of the document: ICC Digital Library )
A. The Contracting State and the New York Convention
1. Name of Contracting State (also specify jurisdiction(s), if relevant)
2. Date of entry into force of the New York Convention
10 October 1959 (published in the Corpus Iuris (collection of laws) No. 74/1959). This is the date on which the New York Convention entered into force in Czechoslovakia. Slovakia became an independent State and took over from Czechoslovakia all treaties, including the New Convention, on 1 Jan. 1993.
3. Has any reservation been made under Art. I(3) of the New York Convention regarding:
(b) commercial relationships?
4. In addition to arbitral awards made in the territory of another State, the New York Convention (Art. I(1)) also applies to arbitral awards not considered as domestic awards in the State where recognition and enforcement are sought. Are there any awards rendered in your country that are not considered as domestic awards such that the New York Convention and the answers to this Questionnaire are applicable to them?
B. National sources of law
5. What specific sources of law are applicable to recognition and enforcement of foreign awards (e.g. statutes, regulations, codes, directives, other legal instruments)?
(i) Arbitration Law, enacted as No. 244/2002 Coll., 3 Apr. 2002, as amended by Law No. 521/2005 Coll. and Law No. 71/2009 Coll. (Arts. 46-50); (ii) Code of Civil Procedure, enacted as No. 99/1963 Coll. as amended to date: Pt 6, procedure for execution; (iii) Law on Execution No. 233/1995 Coll.
Slovak legal provisions on recognition and enforcement of foreign awards are generally more favourable that those of the New York Convention. The application of Slovak law is conditional upon there being no conflict with the obligations of the Slovak Republic as set out in international treaties.
(Source: priority of international treaties and agreements, Arbitration Law, Art. 53.)
C. Limitation periods (time limits)
(a) Is there a limitation period (time limit) applicable to the commencement of legal proceedings for recognition and enforcement of foreign awards?
(b) If yes, what is the applicable limitation period (time limit) and when does it start running?
The limitation period for enforcement of judgments (including foreign awards) is 10 years from the date on which the debtor was to perform according to the judgment, provided that the award has been delivered to all parties and is final.
(Source: Civil Code, Art. 110.)
D. National courts and court proceedings
7. What authority or court has jurisdiction over recognition and enforcement of foreign awards?
Courts of first instance, at the request of the executor chosen by the party.
(Source: Code of Civil Procedure, Art. 9.)
8. What requirements, if any, must be met for the authority or court to accept jurisdiction over recognition and enforcement of foreign awards (e.g. domicile or assets of respondent in the jurisdiction, etc.)?
There are no specific requirements. The same requirements apply to recognition and enforcement of foreign awards as to domestic awards, i.e. there must be a valid decision of the arbitral tribunal, it must be translated into Slovak and an application to enforce the award must be filed with the competent court on the basis of the residence/place of stay of the party required to perform.
(Source: Arbitration Law, Art. 49.)
9. Is the first decision granting or denying recognition and enforcement obtained through ex parte or inter partes proceedings?
(a) Is the first decision granting or denying recognition and enforcement subject to any form of appeal or recourse?
(Source: Arbitration Law, Art. 50(4).)
(b) How many levels of appeal or recourse are available against this decision?
One, to the court of appeal.
(Source: Code of Civil Procedure, Art. 10(1).)
11. What is the earliest stage in legal proceedings for enforcement of foreign arbitral awards at which a party can obtain execution against assets (i.e. party actually obtains possession of assets as opposed to simply freezing assets)?
A party can obtain execution against assets only after it has hired a private executor, who must then obtain permission to execute the award from the court. In order to obtain such permission, the executor must submit to the court a request for permission and a power of attorney from the applicant, and pay the court fee.
E. Evidence required
(a) What evidence must be supplied for recognition and enforcement of foreign awards (e.g. arbitral award, contract containing arbitration clause, affidavits, witness statements, etc.)?
The arbitral award and the contract containing the arbitration clause.
(Source: Arbitration Law, Art. 47.)
(b) Is it necessary to provide the entire document or only certain parts (e.g. entire contract or only arbitration clause)?
(c) Are originals or duly certified copies required?
Either originals or duly certified copies are required.
(d) How many originals or duly certified copies are required?
(e) Does the authority or court keep the originals that are filed?
(a) Is it necessary to provide a translation of the documents supplied?
The arbitral award and the contract must be translated.
(b) If yes, into what language?
Slovak-the State language.
(Source: Law on State Language No. 270/1995 Coll.)
(c) Is it necessary for the translations to be certified and, if yes, by whom (official or sworn translator, diplomatic or consular agent (of which country?) or some other person)?
A sworn interpreter.
(d) Is it necessary to provide a full translation of the documents or only a translation of certain parts (e.g. entire award or only part setting forth the decisions; entire contract or only arbitration clause)?
Full translation of the documents.
F. Stay of enforcement
(a) Can the authority or court stay legal proceedings for recognition and enforcement pending the outcome of an application to set aside or suspend the foreign award before the competent authority referred to in Art. V(1)(e) of the New York Convention?
An application made at the place of arbitration to set aside or suspend the effectiveness of an award rendered outside Slovakia may, at a party's request, provide grounds for staying or refusing recognition and enforcement of that award in Slovakia. The Slovak court can suspend the operation of the foreign arbitral award only until such time as the foreign court decides whether or not to set aside the award.
(Source: Arbitration Law, Art. 48.)
(b) On what other grounds, if any, can the authority or court stay legal proceedings for recognition and enforcement (e.g. forum non conveniens)?
No other grounds.
(c) Is the granting of a stay of legal proceedings for recognition and enforcement conditional on the provision of security?
(a) Do the documents filed in legal proceedings for recognition and enforcement form part of the public record? If yes, can any steps be taken to preserve the confidentiality of such documents?
The arbitral award and the arbitration clause as filed in legal proceedings do not form part of the public record.
(b) If there are hearings on recognition and enforcement, are such hearings confidential? If not, can steps be taken to maintain the confidentiality of the legal proceedings?
Hearings in Slovak courts are generally public, not confidential. Confidentiality may be maintained to protect business secrets, State secrets or if important interests of the parties would otherwise be jeopardized. The court may declare the hearing confidential upon request. The foregoing applies to civil court proceedings. There are no hearings for recognition and enforcement of foreign arbitral awards. Foreign awards are recognized in the same way as Slovak awards (i.e. the court will issue permission to the executor on the basis of the foreign award, without any need for a formal decision on recognition of the award).
(Source: Code of Civil Procedure, Art. 116.)
(c) Are judgments on recognition and enforcement published? If yes, can steps be taken to remove the names of the parties or avoid publication of confidential information (such as business or State secrets)?
Recognition and enforcement decisions are generally not published.
H. Other issues
16. When, if ever, can a party obtain recognition and enforcement of interim or partial foreign awards?
Under the same conditions as final awards.
(Source: Arbitration Law, Art. 46(1), which refers only to final awards.).
17. When, if ever, can a party obtain recognition and enforcement of non-monetary relief in foreign arbitral awards (e.g. order requiring a party to deliver up share certificates or other property)?
Awards that provide for non-monetary relief are treated in the same way as awards providing for monetary relief.
18. When, if ever, can a party obtain recognition and enforcement of only part of the relief granted in foreign awards?
A party is free to apply to enforce only part of the relief granted in a foreign award.
19. When, if ever, can a party obtain recognition and enforcement of foreign awards which have been set aside by the competent authority referred to in Art. V(1)(e) of the New York Convention?
It is not possible to apply for enforcement of such awards: the award has to be final and if it has been set aside by a competent authority, the award is not considered to be final under Slovak law.
20. Are there any other procedural or practical requirements relating to recognition and enforcement of foreign awards which are worth mentioning (e.g. unusually high court costs, filing fees, stamp duties, obligation to post security as a condition for seeking recognition and enforcement, obligation to identify the assets that will be the object of enforcement, etc.)?
Peter Barica, Ivana Potocká