RULES OF PROCEDUREOF THE COURT OF ARBITRATIONOF THE SLOVAK CHAMBER OF COMMERCE AND
INDUSTRY
PART ONE
THE PROCEEDINGS
GENERAL PROVISIONS
Section 1
Seat of the Court of Arbitration and the
Place of Oral Hearings
(1) The seat of the Court of Arbitration of
the Slovak Chamber of Commerce and Industry (the "Court of
Arbitration" hereinafter) is in Bratislava.
(2) The usual place of oral hearings before
the Court of Arbitration shall be in Bratislava. When so proposed
by the Court of Arbitration or when the parties to arbitration
proceedings (the "parties" hereinafter) have so agreed, oral
hearings may be held also at another place inside or outside of the
Slovak Republic.
(3) If oral hearings are to be held abroad on
a motion from the Court of Arbitration, the consent of the parties
shall be required. The Court of Arbitration shall inform of oral
hearings held abroad.
Section 2
Submission of Written Documents
Any written document relating to the
commencement and conduct of arbitration proceedings must be
submitted to the Court of Arbitration in a sufficient number of
copies so as to allow each party to the proceedings and all members
of the arbitral tribunal or sole arbitrators ("tribunal",
"arbitrator" hereinafter), as well as the Court Secretariat, to
receive one copy. Except for written proofs of evidence, all
documents shall be presented in Slovak (or Czech) language, or in
the language of the contract, or in the language previously used in
the correspondence between the parties. The Court of Arbitration
may request, at its own motion or on a motion from a party, a
Slovak (Czech) translation of a document, or may have such
translation made at the costs of the party.
Section 3
Language of Arbitration
Proceedings
(1) Oral hearings shall be held and judgments
shall be entered in the Slovak (or Czech) language; interpretation
into another language will be ensured when so requested by one of
the parties. The Court of Arbitration shall provide an interpreter
and/or secure translation of the judgment of the Court of
Arbitration and/or of other documents at the costs of the party
requesting it.
(2) In the event the parties to the
proceedings do not agree on the language (languages) to be used in
the arbitration proceedings in the arbitration agreement or
additionally prior to the commencement of the arbitration
proceedings, the Court of Arbitration shall decide on it. The
record of the hearing and the arbitration decision shall always be
drawn up in the Slovak language.
(3) Subject to the consent of the parties,
the tribunal or the arbitrator may conduct oral hearings also in
other languages; however, the record of oral hearing and the
arbitration decision shall always be drawn up in the Slovak
language.
Section 4
Basis for the Resolution of
Disputes
(1) The Court of Arbitration shall resolve
any dispute in conformity with applicable substantive law and
shall, within the bounds of the law, abide by the arbitration
agreement concluded by the parties, taking due account of
international commercial practices and usage.1
(2) The requirement to have the arbitration
agreement in writing may be substituted for by a statement made by
the parties and entered on record before the Court of Arbitration,
but not after the commencement of the proceedings. This record
shall then be deemed to be an arbitration agreement in
writing.2
Section 5
Service
(1) The claimant shall be obliged to submit
the necessary number of copies of the claim and its annexes to the
Court of Arbitration.
(2) The parties to the proceedings shall send
the documents to the Court of Arbitration; the Secretary shall send
the claim (and/or counterclaim) to the addresses provided by the
parties or legal representatives appointed by them.
(3) All claims, replies to claims, summons,
arbitration decisions and rulings shall be always sent by
registered mail against a proof of service.
(4) Other documents may be sent by registered
or regular mail, and notifications may also be sent by wire, telex
or fax.
(5) Any of the above documents may be
delivered by personal service against a proof of
service.
(6) All the documents of the Court of
Arbitration shall be deemed to have been served if the service was
made pursuant to the foregoing paragraphs 1 to 4, including where
the addressee refused to accept the document or where, despite a
note from the post-office, failed to collect it.3It shall be sufficient to carry out the service in
conformity with the law of procedure of the country of
service.
(7) If a party changes his/her address after
the commencement of arbitration proceedings without notifying the
Court of Arbitration, the service shall be deemed effectively made
if the documents were sent to the party's last known address
pursuant to the foregoing paragraphs 2 and 3.
(8) If it was not possible to serve the
documents to the last known address of the party who did not
appoint a legal representative or a proxy to receive the documents
on his/her behalf, the President of the Court of Arbitration may
appoint an administrator for such party who will receive the
documents on his/her behalf.
(9) The service of documents through a
requested foreign court or authority, or the service of other
requests for legal assistance through such court or authority,
shall be ensured by the Court of Arbitration.
Section 6
Stay of the Proceedings
The hearing of a dispute may be stayed for a
certain time on serious grounds at a request of a party to the
proceedings, or upon a motion of the tribunal or the arbitrator. A
resolution on the stay of the proceedings shall be issued by the
presiding arbitrator or, if the tribunal or the sole arbitrator
have not yet been appointed, by the President of the Court of
Arbitration. If the period for which the proceedings are stayed is
not extended within one month after the lapse of that period on a
motion lodged by the parties, the tribunal or the arbitrator, the
proceedings shall resume.
Section 7
Restoration
If, before the pronouncement of an
arbitration judgment or - when the judgment was not pronounced -
before the service of the judgment, one of the parties is fully or
partly incapable of taking part in the proceedings or performing an
act of procedure necessary to protect his/her right, the tribunal
or the arbitrator or - where not appointed - the President of the
Court of Arbitration shall take appropriate measures on a motion
from the party to enable that party to additionally perform the
above act.
Section 8
Securing Evidence and Preliminary
Measures
(1) After the claim was filed, but before the
appointment of the tribunal or of the arbitrator, the President of
the Court of Arbitration may secure the evidence in urgent cases at
a request of both parties or just one of the parties and to
designate, for this purpose, one or more experts or take any other
adequate measures.
(2) The Court of Arbitration may order a
preliminary measure at a request of a party.
Section 9
Secondary Parties
(1) Besides the claimant and the defendant, a
person having a vested legal interest in the outcome of the
proceedings, can participate in the proceedings as a secondary
party to the proceedings. Other persons cannot be parties to the
proceedings.
(2) In principle, secondary parties shall
have the same rights in the proceedings as the parties. Secondary
parties shall, however, act only on their own behalf. If the acts
of procedure performed by a secondary party are in conflict with
those performed by the party that such secondary party has joined,
the tribunal or the arbitrator shall examine such acts of procedure
in the light of all the circumstances. However, the arbitrators may
take the facts of the case submitted by a secondary party into
consideration even where such facts are in conflict with those
submitted by a party to the proceedings.
Section 10
Application of the Provisions of the
Law
All procedural matters that are not provided
for in the Rules of Procedure shall be governed by the provisions
of the Act.4
Section 11
Applicability of the Provisions concerning
the Proceedings
The provisions of these Rules of Procedure
concerning proceedings before the tribunal, the arbitrator or the
ad hoc arbitrator shall be applicable, as appropriate,
also to the acts of procedure performed by the Presiding Board, the
President and the Secretary, unless these Rules of Procedure imply
otherwise.
COMMENCEMENT OF THE PROCEEDINGS
Section 12
Filing a Claim
(1) Arbitration proceedings shall commence on
the day of service of the claim on the Court of Arbitration. The
precondition for hearing the claim is the payment of the
registration fee. Filing a claim with the Court of Arbitration
shall have the same legal consequences as filing an action with a
court of general jurisdiction.
(2) The Court of Arbitration shall enter the
date of service in the claim.
(3) Unless otherwise provided by an
international treaty binding on the Slovak Republic, the date of
service of the claim on the Court of Arbitration shall be deemed to
be the date of its filing. The Court shall be obliged to enter the
date of service in the claim.
Section 13
Particulars of the Claim
(1) The claim must contain:
a) identification data of
the parties and/or their representatives,
b) truthful description of
all relevant facts,
c) designation of evidence
proposed by the claimant,
d) designation of legal
provisions invoked by the claimant,
e) statement of
claim,
f) claimant's
signature.
(2) The claim shall also contain:
a) reference to the
document establishing the jurisdiction of the Court of Arbitration
(arbitration
agreement or arbitration clause), unless the jurisdiction follows
from an international agreement binding
on the
Slovak Republic,
b) statements as to the
facts and as to the law on which the claim is based, and reference
to the means of
evidence that may prove the validity of such facts,
c) the amount in
dispute,
d) the proof of payment of
the registration fee,
e) the names of
arbitrators agreed upon by the parties, or the method of their
appointment.
(3) The claim may also contain a claimant's
request that the arbitrator and/or the substitute be appointed by
the President of the Court of Arbitration. A party may empower the
President of the Court of Arbitration to appoint the arbitrator
and/or the substitute.
Section 14
The Amount in Dispute
(1) The claimant shall have to state the
amount in dispute also where the whole claim or part thereof have a
non-pecuniary nature.
(2) The amount in dispute shall be determined
mainly:
a) as the amount to be
recovered in claims concerning pecuniary performance,
b) as the value of
property to be recovered in property restitution claims,
c) as the amount in
dispute at the time of filing the application for a declaratory
order or application for a
change
in legal relations,
d) on the basis of
available facts concerning material interests of the claimant in
the claims requesting that
a
certain thing be done or refrained from doing.
(3) In the submissions consisting of multiple
claims, the amounts shall be indicated separately for each claim,
and the aggregate amount shall be determined as the sum of
individual claims.
(4) Where the claimant fails to specify the
amount in dispute, the Court of Arbitration shall ask him/her to do
so within the time limit specified by the Court. Should the
claimant fail to do so, the Court of Arbitration shall dismiss the
claim.
Section 15
Amending the Claim
(1) If the Secretary finds that the claim
does not meet the requirements set out in Section 13, he/she shall
request the claimant to amend the claim. The period specified for
fulfilling the requirements set out in Section 13 paragraph (1)
shall not exceed two months from the service of the Secretary's
request. If the defects are corrected within the specified time
limit, the claim shall be deemed as having been submitted on the
date referred to in Section 12 paragraph (3). The claim shall not
be heard until all the defects have been rectified.
(2) In cases where, in spite of a request to
correct the claim, the claimant insists that the dispute be heard,
the proceedings shall continue if the nature of the defects allows
it, and the arbitration judgment shall be made on the merits of the
case; otherwise, the proceedings shall be terminated.
Section 16
Reply to the Claim
(1) If the Secretary deems the claim to be
admissible under these Rules, he/she shall notify the defendant of
the claim and shall send him a copy of the claim with the attached
documents, including the Panel of Arbitrators and these Rules of
Procedure.
(2) At the same time, the Secretary shall ask
the defendant to submit a written reply to the claim supported by
relevant evidence within ten days. At a request of the defendant,
the aforesaid time limit may be extended by no more than another
ten days.
(3) If the defendant fails to reply after the
expiry of the aforesaid time limits, the proceedings shall
continue.
Section 17
Appointment of the Arbitral Tribunal or of
the Sole Arbitrator
(1) Parties to the proceedings may agree in
the arbitration agreement (clause) on the person of arbitrator
(arbitrators) or on the manner of their subsequent
appointment.
(2) If the dispute is to be decided
by severalarbitrators, their
number must be uneven. Each party shall appoint one arbitrator, and
the arbitrators thus appointed shall subsequently designate the
presiding arbitrator from among themselves. If the appointed
arbitrators fail to designate the presiding arbitrator within 30
days from their appointment, he/she shall be designated by the
President of the Court of Arbitration from the Panel of Arbitrators
acting before the Court.
(3) If the parties fail to appoint the
arbitrators and their substitutes within the specified period, the
arbitrators and their substitutes will be appointed by the
President of the Court of Arbitration from the Panel of Arbitrators
acting before the Court.5
(4) If there is more than one defendant or
more than one claimant, each party to the proceedings shall be
obliged to appoint one arbitrator, regardless of the number of
defendants or claimants. If the claimants and the defendants fail
to agree thereupon within the period specified by the Secretary,
arbitrators shall be appointed by the President of the Court of
Arbitration.
(5) Sole arbitrators shall be selected by
agreement of the parties; should the parties fail to agree, the
sole arbitrator shall be appointed by the President of the Court of
Arbitration.
(6) Before the appointment of the tribunal
(or of the arbitrator), the President of the Court of Arbitration
shall have the right to perform all acts of procedure, unless their
performance has not been entrusted to the Secretary.
Section 17a
Appointment of Experts
(1) The Court of Arbitration may appoint an
expert if its decision depends on the examination of facts which
requires professional expertise. If the Court of Arbitration deems
it necessary, it can ask an expert to take part in oral
hearings.
(2) The Court of Arbitration may instruct a
party to the proceedings to give the expert any information, to
submit or make available to him/her all essential documents or
items, to provide relevant explanations, or to do or suffer
something done should it be necessary for preparing and submitting
the expert's opinion.
(3) The Court of Arbitration shall inform the
parties of the content of expert opinion, but not later than 30
days prior to the commencement of the oral hearing.
Section 18
Dismissal of Arbitrators, Experts or
Interpreters
(1) Any party shall have the right to dismiss
the arbitrator, the presiding arbitrator or the sole arbitrator on
account of bias, especially if there is a reason to believe that
they have a personal vested interest, direct or direct, in the
outcome of the proceedings. Similarly, the arbitrator, the
presiding arbitrator or the sole arbitrator may declare that they
resign from their function. The resignation must be made prior to
the commencement of the oral hearing.
(2) The parties may file an objection against
the arbitrator who was appointed by them only on the grounds of
which they became aware after the arbitrator's appointment. The
objections raised at a later date shall be considered only if the
reason for the delayed filing of the objection is deemed to be
serious.
(3) The dismissal of the arbitrator shall be
decided by the remaining members of the tribunal. If they reach no
agreement or if the objection is raised against two arbitrators,
the decision shall be taken by the Presiding Board; the Presiding
Board shall also decide on the rejection of the sole
arbitrator.
(4) If the objection is sustained, a new
arbitrator, a new presiding arbitrator or a new sole arbitrator
shall be chosen or appointed in conformity with the present Rules,
unless the dismissed arbitrator is replaced by a
substitute.
(5) A similar procedure shall apply where the
arbitrator, the presiding arbitrator or the sole arbitrator are
unable to participate in the proceedings on the merits of the
case.
(6) If necessary, the tribunal or the
arbitrator may, upon motions from the parties, reconsider the
issues that had already been dealt with at previous hearings on the
merits.
(7) Experts or interpreters can also be
challenged on the grounds referred to in paragraph 1. The decision
to exclude an expert or interpreter shall be made by the
tribunal.
Section 19
Decisions on Jurisdiction
(1) Arbitrators shall have the power to
determine their jurisdiction. If they conclude that they have no
jurisdiction to make a decision on the merits of the case, they
shall make a ruling to this effect.
(2) A party to arbitration proceedings who
intends to challenge the jurisdiction of the Court of Arbitration
on the grounds of non-existence or invalidity of an arbitration
agreement may do so only until the first act of procedure is taken
on the merits of the case. This time restriction shall not apply to
the objections contesting the validityof arbitration agreements claiming that the matter is
not capable of settlement through arbitration; objections of this
type are allowed until the termination of oral proceedings or, in
case of the procedure in writing, until the entering of arbitration
judgment. The party shall have to file the objection claiming that
the issue in dispute exceeds the jurisdiction of the Court of
Arbitration as soon as he/she becomes aware of such fact in the
course of arbitration proceedings.
(3) Where the parties do not invoke the
provisions of the foregoing paragraphs 1 and 2, the jurisdiction of
the Court of Arbitration shall be determined by the Presiding
Board. For this purpose, the arbitrators - if appointed - or the
Secretary shall submit the Presiding Board the relevant file with a
brief report in every case where a decision is to be taken on the
jurisdiction of the Court of Arbitration either at a party's
request or because of doubts expressed by arbitrators or the
Secretary or where, if in the opinion of arbitrators or the
Secretary, the Court of Arbitration lacks the
jurisdiction.
(4) The Presiding Board shall discontinue the
proceedings by a ruling if it determines that the Court of
Arbitration lacks the jurisdiction to hear or decide the matter. It
shall also enter a ruling to dismiss a motion contesting the
jurisdiction of the Court of Arbitration if it determines that the
Court has the jurisdiction.
(5) Depending on the circumstances, the
Presiding Board may schedule an oral hearing before its makes the
above decision.
(6) The arbitral tribunal, prior to
submitting a jurisdiction objection to the Presiding Board, shall
take the measures it deems necessary to avoid causing prejudice to
the parties or to safeguard the results obtained in the
proceedings, unless such measures fall under the jurisdiction of a
court or another body.
(7) The party whose objection to the lack of
or excess jurisdiction has been dismissed may apply to a judicial
authority to decide on the objection within 30 days of the date of
service of the ruling. Pending the judicial decision, the Court of
Arbitration may continue the arbitration proceedings and enter the
arbitration judgment.
Section 20
Preparation for Hearing the
Dispute
(1) The Court of Arbitration shall prepare
the proceedings in cooperation with the parties so as to ensure a
speedy establishment of facts of the case and a fair and just
decision on the matter.
(2) When preparing the proceedings, the Court
of Arbitration shall, in particular,
a) ascertain whether all
the conditions for arbitration proceedings have been met and take
measures to
remove
any possible defects,
b) request the parties to
submit written statements and evidence concerning any relevant
circumstances as
to the
law and as to the facts.
Section 21
Preliminary Measures
After the commencement of arbitration
proceedings under Section 12 paragraph 1, the Court of Arbitration
may impose a preliminary measure upon a motion filed by a
party.
Section 22
Summons to Oral Hearings
(1) Oral hearings shall be held, as a rule,
at the seat of the Court of Arbitration in Bratislava. On a motion
from the Court of Arbitration or from the parties, oral hearings
may be held elsewhere in the Slovak Republic or abroad.
(2) In the absence of such an agreement, the
place of oral hearings shall be determined according to the
foregoing paragraph 1.
(3) The Court of Arbitration shall summon the
parties to take part in oral hearings by a written notice, allowing
30 days to each party to prepare for the hearing.
PROCEEDING ON THE DISPUTE
Section 23
Oral Hearings
(1) The disputes shall be heard in closed
sessions with a view to allowing a complete, speedy and economical
establishment of facts. Subject to the consent of the tribunal or
of the arbitrator and the parties, other persons who are not
parties to the dispute may also attend the hearing.
(2) The parties shall be personally present
at oral hearings or shall be represented by their duly authorised
representatives, including foreign nationals, whom they have
granted the power of attorney of their free will.
(3) Where a party, who has been duly notified
of the time and place of oral hearing, fails to appear, his/her
absence shall not preclude the hearing of the dispute, unless such
party has requested that the hearing be adjourned on serious
grounds prior to its commencement.
(4) Any party may consent to the conduct of a
hearing in his/her absence.
(5) Oral hearing may be adjourned, as
necessary, upon a motion from a party or a motion from the tribunal
or the arbitrator.
(6) A motion to adjourn an oral hearing must
be filed in sufficient time to allow the notification of the other
party, members of the tribunal or the arbitrator.
Section 24
Procedure in Writing
(Proceedings in the Absence of the
Parties)
The parties may agree to have their dispute
resolved by the tribunal or by the arbitrator without oral hearing,
solely on the basis of written documents. However, the tribunal or
the arbitrator may order an oral hearing if the submitted documents
appear to be insufficient for deciding the case on its
merits.
Section 25
Counterclaim
(1) The defendant shall have the right to
file a counterclaim against the claimant until the commencement of
oral hearing on the merits of the case. Where no oral hearing is
scheduled, the defendant may exercise such right until the
termination of the procedure in writing. Counterclaims may be
lodged only in respect of the disputes that are covered by the
arbitration agreement.
(2) The particulars of a counterclaim shall
be governed, as appropriate, by the provisions concerning the claim
(Section 13 of the Rules of Procedure). The Court of Arbitration
shall have the right to request the defendant filing
the counterclaim to pay the registration fee within the
prescribed time. If the defendant does not pay the fee within the
prescribed time, the Court of Arbitration shall discontinue the
proceedings on the counterclaim and shall inform the parties
thereof.
Section 26
Attempt at a Settlement
The tribunal or the arbitrator shall, where
appropriate, encourage the parties at all stages of the proceedings
to reach a settlement and to file proposals, recommendations or
motions that, in their opinion, could contribute to such
settlement.
Section 27
Records of Oral Hearings
A written record in the Slovak language shall
be drawn up from an oral hearing of the dispute,
containing:
a) designation of the
Court of Arbitration,
b) file number,
c) date and place of the
hearing,
d) names of the parties
and/or their representatives,
e) data on the attendance
of the parties,
f) names of arbitrators,
witnesses, expert witnesses, interpreters and other persons taking
part in the oral
hearing,
g) a brief but accurate
description of the course of the hearing,
h) motions made by the
parties and the content of all relevant statements,
i) reasons for adjournment
or termination of oral hearing,
j) vote on the verdict
which will be recorded in the record of voting signed by the
presiding arbitrator and
other
arbitrators or arbitrator; the dissenting opinions of the
arbitrator who was outvoted by other
arbitrators may also be attached to the record, including the
reasons thereof,
k) signatures of
arbitrators.
RULES OF EVIDENCE
Section 28
Evidence
(1) The tribunal or the arbitrator shall take
only the evidence proposed by the parties. The parties shall be
obliged to prove the circumstances they invoke to support their
claims and/or objections. The tribunal or the arbitrator may
request further evidence to be provided by the parties.
(2) The tribunal or the arbitrator may, at
their own discretion, request an expert opinion and third party
evidence. The tribunal or the arbitrator may examine witnesses and
experts only subject to their consent and of their free will.
Witnesses or experts who are under an obligation of non-disclosure
of state, business or professional secrecy or who are under a
confidentiality obligation imposed by the state, may be examined in
connection with the facts falling under the secrecy or
non-disclosure obligation only if they are exempted from such
obligation.
(3) Where the tribunal or the arbitrator are
unable to secure the taking of evidence by themselves, they may
turn to a court of general jurisdiction with a request to do it.
The Court of Arbitration shall instruct the party who has proposed
the evidence to pay a security to the requested court of general
jurisdiction to cover the costs of the request. The costs of the
request, whose amount is determined by the requested court, shall
be included into the costs of arbitration.
(4) The parties may submit documentary
evidence either in the form of original authenticated copies of
documents or of their certified duplicates. The tribunal or the
arbitrator shall have the right to request the original copies of
those documents or their translation into another language when
this is necessary to resolve the dispute.
(5) The evidence shall be taken in a manner
to be determined by the tribunal or the arbitrator. The tribunal or
the arbitrator may issue a ruling whereby they entrust the taking
of the evidence to one of the arbitrators. The same applies to the
Presiding Board.
Section 29
Evaluation of Evidence
Evidence shall be evaluated by the tribunal
or the arbitrator and the Presiding Board in an impartial manner
and at their own discretion, with due regard to everything that has
been ascertained in the course of the proceedings.
TERMINATION OF THE PROCEEDINGS
Section 30
Forms of Decisions
(1) Arbitration proceedings shall terminate
upon:
1. entering of an
arbitration judgment
a) in
the decision on the merits of the case
b)
based on a settlement reached by the parties to arbitration
proceedings
2. entering of a ruling on
discontinuing the proceedings.
(2) The tribunal or the arbitrator shall, in
a dispute arising from a relationship with an international element
governed by commercial law or a relationship with an international
element governed by civil law, decide the dispute in conformity
with the law of the country on which the parties have agreed.
Unless the parties agreed otherwise, any agreement on the
applicable law shall be understood to refer to the substantive laws
of the country and not its conflict of laws rules. If the parties
do not agree on the applicable law in respect of a relationship
with an international element governed by commercial law or a
relationship with an international element governed by civil law,
the tribunal or the arbitrator shall decide the dispute in
accordance with the legal system determined by the conflict of laws
rules of the Slovak Republic.6
(3) The disputes arising from domestic
relationships governed by civil law or commercial law shall be
decided by the tribunal or the arbitrator always in accordance with
the legal system of the Slovak Republic.
(4) The tribunal or the arbitrator shall
decide in conformity with the agreement concluded between the
parties, taking due account of business usage and practices
relating to the disputes, and of the principles of honest
commercial and legal relations and good manners.
(5) The tribunal or the arbitrator may decide
commercial disputes in conformity with the principles of justice
only based on an explicit empowerment by the parties.
Section 31
Entering of Arbitration
Judgments
(1) After the tribunal or the arbitrator have
ascertained that all the circumstances of the case have been
sufficiently clarified, they shall schedule an oral hearing on the
dispute and shall proceed with entering the arbitration judgment.
The arbitration judgment must be made out in writing within 30 days
and must be reviewable.
(2) The operative part of the arbitration
judgment must be clear (unambiguous) and enforceable. The tribunal
or the arbitrator shall have to rule on every motion specified in
the claim or the counterclaim, or filed at a later stage of
arbitration proceedings; the ruling shall, however, not exceed the
scope of such motions. It shall not be possible to make an award is
in conflict with the law or that circumvents the law, or an award
that is contrary to good manners, or to order the performance that
is not possible.
(3) The Court of Arbitration shall enter
arbitration judgments
a) in the decision on the merits of the
case
b) based on a settlement reached by the
parties to arbitration proceedings.
As regards other matters, the tribunal or the
arbitrator shall decide by entering a ruling.
(4) Based on a request from a party, the
tribunal or the arbitrator may acknowledge the settlement reached
by the parties by entering an agreed arbitration judgment. Agreed
arbitration judgments shall, as appropriate, be governed by the
provisions of Section 30, Section 31 paragraph 2, Sections 32 and
35 of the Rules of Procedure. They shall specify that they
constitute arbitration judgments. Agreed arbitration judgments
shall have the same effects as the judgments on the merits of the
case.
(5) If the operative part of an arbitration
judgment stipulates a performance obligation, the tribunal or the
arbitrator shall also specify the period of time for its
fulfilment.
(6) If only one part of the object of the
dispute has been clearly determined, the tribunal or the arbitrator
may enter a partial arbitration judgment; as regards the remaining
parts, the proceedings thereupon shall continue.
(7) In case of dubious claims both as regards
their grounds and the amount in dispute, the tribunal or the
arbitrator may first hear and decide the grounds for the claim,
enter a preliminary arbitration judgment and, where necessary,
continue the proceedings concerning the amount in dispute and make
the decision thereon.
(8) Arbitration judgments shall be personally
served on the parties or their legal representatives, who shall be
advised of their right to apply to a court seeking the setting
aside of the arbitration judgment. If the parties agree in their
arbitration agreement that an arbitration judgment may be reviewed
on a motion of either party by another arbitrator (arbitrators),
the arbitration judgment must also contain an instruction that the
party has the right to file a motion to have the arbitration
judgment reviewed by another arbitrator (arbitrators) within 15
days of its service. The review of arbitration judgments shall be
conducted, as appropriate, in conformity with Sections 12 to 35a,
Sections 37 and 38 of these Rules of Procedure.
(9) The aforesaid provisions on arbitration
judgments shall apply also to partial and preliminary arbitration
judgments.
Section 32
Content of Arbitration Judgments
(1) Arbitration judgments shall be entered in
writing and signed by the majority of arbitrators; the reason must
be given for any missing signature.
(2) Arbitration judgments shall
contain:
a) the designation of the
Court of Arbitration,
b) the names and surnames
of the arbitrators or of the sole arbitrator,
c) the designation of the
parties and of their representatives by their names and surnames or
their trade
names
or designations,
d) the place of
arbitration proceedings,7
e) the date of issue of
the arbitration judgment,
f) the operative
part,
g) the reasoning, except
where the parties have agreed that no reasoning needs to be given
in the judgment,
or
except for agreed arbitration judgments,8
h) the advice on the right
to apply to a court seeking the setting aside of the arbitration
judgment,
i) an instruction on the
right to have the judgment reviewed by another arbitrator
(arbitrators),
j) the signatures of the
majority of arbitrators; the reason for any missing signature must
be given.
(3) If the place of arbitration proceedings
is in the Slovak Republic and unless the parties have agreed
otherwise, every arbitration judgment shall be deemed as having
been issued at this place in the Slovak Republic regardless of
where it was signed, from where it was sent, and where it was
served on the parties to arbitration proceedings.
(4) The operative part of the arbitration
judgment shall determine, in addition to the verdict on the merits
of the case, the amount of the costs of arbitration and the party
liable for their payment, and/or the allocation of costs as between
the parties.
Section 33
Vote on Arbitration Judgments
(1) The tribunal or the arbitrator shall
adopt arbitration judgments by voting at a closed
session.
(2) In arbitration proceedings conducted
before more than one arbitrator, every decision of arbitral
tribunal shall be taken by the majority of all arbitrators. If
an arbitrator is not present at the voting, the remaining
arbitrators may take the decision even in his/her absence. In case
of a tie, the presiding arbitrator shall have the casting
vote.
(3) The results of voting on the operative
part of the arbitration judgment shall be entered in a record
signed by the presiding arbitrator and other arbitrators. If an
arbitrator refuses to sign the record or does not sign it for
another reason, this fact shall be noted down in the record
together with the reason for not signing the record.
(4) The arbitrator who is outvoted by other
arbitrators shall have the right to attach a reasoned dissenting
opinion to the record.
Section 34
Pronouncement of Arbitration
Judgments
(1) After the conclusion of oral proceedings,
the tribunal or the arbitrator shall orally pronounce the operative
part of the arbitration judgment to the parties.
(2) In justified cases, the tribunal or the
arbitrator may decide to serve the arbitration judgment on the
parties in writing, without its oral pronouncement.
(3) Before pronouncing the arbitration
judgment or before submitting the arbitration judgment in writing
where the judgment is not orally pronounced, the tribunal or the
arbitrator may order a new oral hearing where this appears to be
necessary for establishing the facts or ascertaining the positions
of the parties.
Section 35
Amendment or Correction of Arbitration
Judgments
(1) On a motion filed by a party within 15
days from the service of the arbitration judgment, the Court of
Arbitration may issue an amending judgment if it is demonstrated
that the initial arbitration judgment does not deal with all the
claims of the parties. Such amending arbitration judgment shall be
issued on the basis of a new oral hearing to which the parties are
summoned.
(2) Typographic and computing errors as well
as other apparent defects in the written copy of the arbitration
judgment shall be corrected by the Court of Arbitration of its own
initiative or at a request of a party within 30 days of its
entering.
The corrected arbitration judgment shall be
served on all the parties.
(3) An amending judgment or a corrected
ruling concerning the arbitration judgment shall form an
inseparable part of the amended or corrected judgment, as the case
may be. The parties shall not be held liable for the payment of the
costs connected with the amendment or correction of arbitration
judgments.
(4) Any party to arbitration proceedings may
apply to the Court of Arbitration requesting an explanation
concerning individual parts of the arbitration judgment within 30
days of its service.
Section 35a
Setting Aside of Arbitration
Judgments
(1) The arbitration judgment that has been
served and that cannot be contested by a motion to set the judgment
set aside shall have the same effects for the parties as a final
judgment entered by a court of general jurisdiction.
(2) If a party to the arbitration proceedings
files a claim with the competent court9, the contested
arbitration judgement shall remain final. The court that decides on
the claim may, on the motion of the party to the proceedings,
suspend the enforceability of the arbitration
judgement".
Section 36
Discontinuing the Proceedings without
Entering the Arbitration Judgment
(1) If no arbitration judgment has been
entered pursuant to Section 31, the proceedings shall be terminated
by a ruling.
(2) The ruling on terminating the proceedings
shall be issued, in particular, when the claimant withdraws his/her
claim.
(3) The ruling on the termination of the
proceedings shall be governed by Sections 30 to 35 of these Rules
of Procedure. If no tribunal or no arbitrator are appointed, the
ruling on the termination of the proceedings shall be made by the
President of the Court of Arbitration in accordance with the
aforesaid provisions.
Section 37
Review of Arbitration Judgments
(1) The parties may agree in their
arbitration agreement that the arbitration judgment may be
reviewed, at a request of either party, by another arbitrator
(arbitrators).10Such arbitrator (arbitrators) shall be appointed, as
appropriate, in conformity with the provisions of Sections 5 and 6
of the Statute and Section 17 of these Rules of Procedure. Unless
the parties have agreed in their arbitration agreement on a review
of the arbitration judgment, its review by another arbitrator
(arbitrators) shall be excluded except for arbitration rulings on
the imposition of provisional measures.
(2) The parties shall have the right to
request a review of the arbitration judgment within 15 days of its
service.
(3) The review of arbitration judgments shall
be conducted, as appropriate, in the same manner as the proceedings
on the merits of the case, in conformity with these Rules of
Procedure.
PART TWO
CONCILIATION PROCEEDINGS
Section 38
(1) The Court of Arbitration has the
competence to initiate, in accordance with the wishes of the
parties, voluntary conciliation proceedings concerning the claim,
regardless of whether or not an arbitration agreement was
concluded.
(2) The conciliation proceedings may be
conducted only subject to the consent of the other party. The
proceedings shall be conducted before a Conciliation Committee
consisting of a Secretary who will preside the Committee, and two
members, one of each is appointed by each party.
(3) The parties shall present their comments
during the hearing convened by the Secretary with a view to
conducting conciliation proceedings. The proceedings should result
in the formulation of a settlement proposal, which can be accepted
or rejected by either party.
(4) The settlement proposal, recommended to
the parties by the Conciliation Committee after the conciliation
proceedings, must not prejudice the parties in a possible further
dispute. Similarly, nothing that the parties have brought forward
in the course of conciliation proceedings may be to their
prejudice.
(5) The fee for the conciliation proceedings
shall amount to one half of the registration fee in arbitration
proceedings. The fee shall be payable in advance, each party paying
one half of the fee.
PART THREE
FINAL PROVISIONS
Section 39
Unless this Act provides otherwise,
arbitration proceedings shall be governed, as appropriate, by
general provisions applicable to the proceedings before the
courts.11
Section 40
These Rules of Procedure of the Court of
Arbitration of the Slovak Chamber of Commerce and Industry shall
enter into effect as of the date of their approval by the Board of
Directors of the Slovak Chamber of Commerce and Industry on 1
October 2002.
Annex to the
Rules of Procedure of the Court of
Arbitration of the Slovak Chamber of Commerce and
Industry
RULES GOVERNING THE COSTS OF ARBITRATION
PROCEEDINGS BEFORE THE COURT OF ARBITRATION OF THE SLOVAK CHAMBER
OF COMMERCE AND INDUSTRY
Section 1
(1) The costs of arbitration proceedings
before the Court of Arbitration shall comprise:
a) the registration
fee,
b) administrative costs of
the Court of Arbitration,
c) special costs incurred
by the Court of Arbitration,
d) own expenses of the
parties,
e) the fee for the review
of arbitration judgments.
(2) The registration fee shall be used to
partly cover general costs related to the functioning of the Court
of Arbitration (fees of arbitrators and members of the Presiding
Board of the Court of Arbitration, and the costs related to the
provision of services and remuneration of the staff of the Court of
Arbitration, etc.).
(3) Administrative costs of the Court of
Arbitration shall mean operating expenses incurred by the Court
when conducting proceedings on a dispute (except for special costs
pursuant to paragraph 4 of this Section), such as travel and
accommodation expenses of Slovak arbitrators and members of the
Presiding Board of the Court of Arbitration, telecommunications and
operating expenses, remuneration of the staff of the Secretariat of
the Court of Arbitration, administrative costs related to
registering, recording, faxing and copying the records of
proceedings or other documents, drawing up arbitration decisions
and rulings, making photocopies, rental, heating, electricity
costs, etc. They shall be covered by a flat-rate fee added to the
registration fee specified in the foregoing paragraph 2.
(4) Special costs of the Court of Arbitration
shall mean the costs actually and effectively incurred in the
proceedings concerning a specific dispute, particularly in relation
to the taking of evidence, payment of expert fees, costs of oral
hearings held outside of the seat of the Court of Arbitration,
costs for the translation of documents, interpreter costs, travel
and accommodation costs of foreign arbitrators, etc. These shall be
reimbursed to the full amount of actually incurred
expenses.
(5) Own expenses of the parties shall cover
all expenses incurred by the parties in connection with the
protection of their interests (including travel expenses, fees of
their legal representatives, etc.).
(6) The fee for the review of an arbitration
judgment shall be paid upon request from the Court of Arbitration
where the parties have agreed in the arbitration agreement that the
arbitration judgment may be submitted for a review by another
arbitrator (arbitrators) at a request of one of the
parties.
Section 2
Amount and Payment of the Fee
(1) The registration fee shall be paid, based
on the amount in dispute, for hearing the dispute before the Court
of Arbitration. The claimant shall be obliged to pay the fee when
filing the claim, and the defendant when filing the counterclaim,
at a request of the Court of Arbitration. The claim, the
counterclaim or the objection to mutual crediting of claims shall
not be heard until the registration fee has been paid. If the fee
is not paid within the appropriate specified period of time, the
proceedings shall be terminated.
(2) The registration fee shall be calculated
on the basis of the amount in dispute according to the Schedule of
Fees appended to these Rules ("Schedule of Fees"
hereinafter).
(3) If the amount in dispute is denominated
in foreign currency, the registration fee shall be calculated
according to the Schedule of Fees in that foreign currency. The
payment shall be made in accordance with the procedure specified by
the National Bank of Slovakia.
(4) If the amount of claims is specified in
different currencies, the Court of Arbitration shall, as a rule,
specify one currency for the payment of the registration
fee.
(5) The Slovak entities shall pay the
registration fee in Slovak crowns, calculated in accordance with
the current rate of exchange published by the National Bank of
Slovakia. Foreign entities shall pay the equivalent amount in a
freely convertible currency in accordance with the current exchange
rate published by the National Bank of Slovakia on the date of
filing the claim, counterclaim, or objection to mutual crediting of
claims.
(6) The fee for the review of an arbitration
judgment shall be the same as the registration fee in regular
proceedings.
(7) The registration fee shall be deemed to
have been paid as from the moment it has been credited to the bank
account of the Court of Arbitration.
Section 3
Fee for Objections to
Jurisdiction
(1) The party who files an objection to the
jurisdiction of arbitrators or of the Court of Arbitration shall
pay 60 % of the registration fee calculated according to the
Schedule of Fees. If the fee is not paid within the specified
period, the objection to the jurisdiction shall not be
considered.
(2) If the objection to the jurisdiction is
granted, the Court of Arbitration shall reimburse the party the fee
paid according to paragraph 1.
(3) If the objection to the jurisdiction is
dismissed after an oral hearing before the Presiding Board, the
registration fee paid according to paragraph 1 shall not be
reimbursed. If the objection to the jurisdiction is dismissed
without an oral hearing before the Presiding Board, the Court of
Arbitration shall reimburse the party one half of the fee paid
according to paragraph 1.
Section 4
Reduced Fee and Partial
Reimbursement
(1) The registration fee shall be reduced by
30 % in case of disputes decided by sole arbitrators.
(2) If the claimant withdraws the claim, or
if the defendant withdraws the counterclaim or the objection to
mutual crediting of claims before issuing summons for oral hearing,
the Court of Arbitration shall reimburse 75 % of the fee
paid.
(3) If the claimant withdraws the claim or if
the defendant withdraws the counterclaim not later than on the
working day preceding the date of the first oral hearing,
particularly as a result of the settlement reached by the parties
or in other cases, or if the Court of Arbitration has received a
notice from the parties by the specified date stating that the
parties renounce to the resolution of their dispute before the
Court of Arbitration, the claimant and/or the defendant shall be
reimbursed 50 % of the fee paid in respect of the amount in dispute
and/or the counterclaim.
(4) If, as a result of circumstances defined
in paragraph 3, the proceedings are discontinued after the first
oral hearing, the arbitrators shall decide on partial reimbursement
of the fee in the arbitration decision or in the ruling on staying
the proceedings. Where the arbitral tribunal is not yet appointed,
the decision on fee reimbursement shall be made by the
Secretary as instructed by the President of the Court of
Arbitration.
(5) In summary proceedings where the
procedure in writing is used - i.e. where the case is decided on
the basis of submitted documents without an oral hearing on the
merits of the case - the fee shall be reduced by 30 %. If it
becomes apparent in the course of the proceedings that written
documents are not sufficient for the decision and the tribunal (the
sole arbitrator) schedules an oral hearing, no fee reduction shall
be granted. If the reduced fee is paid at the outset of arbitration
proceedings on account of summary proceedings and if it becomes
necessary to schedule an oral hearing, the claimant shall have to
pay the additional 30 % of the fee upon a request of the Court of
Arbitration.
(6) In case of cumulative grounds for the
reduction of the fee under the above paragraphs, the fee shall not
be reduced by more than 50 %.
Section 5
Increased Fee
(1) The registration fee shall be increased
by 30 % for each additional party in the proceedings involving
multiple parties (parties, secondary parties, etc.).
(2) If the claimant pays the increased fee
pertaining to the other and every additional defendant, Section 2
of the present Rules shall apply, as appropriate.
(3) Every secondary party shall pay the
corresponding increased fee.
Section 6
Accelerated Proceedings
(1) The parties may request the Court of
Arbitration to conduct accelerated proceedings. They shall do so by
means of a written agreement they submit to the Court of
Arbitration; the arbitration judgment shall be issued within one
month of the payment of the registration fee increased by 75 % or,
upon the claimant's request, within four months of the payment of
the registration fee increased by 50 %.
(2) If the arbitration judgment is not issued
within the periods of time referred to in paragraph 1, or within an
extended period agreed by the parties or the claimant, the Court of
Arbitration shall return the increased fee to the party that paid
it.
Section 7
Counterclaim Fee and Fee for Objections to
Mutual Crediting of Claims
Counterclaim fees or fees for filing
objections to mutual crediting of claims shall be governed by the
same provisions as the fees for filing the principal
claim.
Section 8
Fee Allocation
(1) As a rule, the fee shall be paid by the
party who lost the dispute.
(2) If the claim is granted only in part, the
fee shall be allocated as between the parties proportionately to
the awarded and denied portions of the claim.
(3) Every secondary party shall pay the
corresponding increased fee.
(4) The parties may agree on a different fee
allocation than provided in paragraphs 1 and 2 above.
Section 9
Flat-Rate Fee for Administrative Costs of the
Court of Arbitration
(1) The claimant shall be obliged to pay a
flat-rate fee to cover the administrative costs of the Court of
Arbitration referred to in Section 1 paragraph 3 of these Rules
within the time period specified by the Secretary and in the
amount determined in the Schedule of Fees according to the amount
in dispute. Similar procedure shall apply to
counterclaims.
(2) The flat-rate fee shall be reduced by 20
% in cases decided by sole arbitrators.
(3) In summary proceedings where the
procedure in writing is used - i.e. where the case is heard only on
the basis of submitted documents without oral hearing on the merits
of the case - the flat-rate fee shall be reduced by 20 %. The
flat-rate fee shall not be reduced if the tribunal or the
arbitrator schedule an oral hearing. If a reduced flat-rate fee was
paid at the outset of the proceedings on account of summary
proceedings - procedure in writing, and if it became necessary to
schedule an oral hearing, the claimant shall pay the additional 20
% of the flat-rate fee upon a request from the Court of
Arbitration.
(4) In case of cumulative grounds for the
payment of a reduced flat-rate fee pursuant to the foregoing
paragraphs, the flat-rate fee shall be reduced by not more than 30
%, except for flat-rate fees in levels 1 - 4 of the Schedule of
Fees.
(5) If the claimant withdraws the claim or
the defendant withdraws the counterclaim within the period
specified in Section 4 paragraph 3 of these Rules, 50 % of the
flat-rate fee already paid shall be reimbursed.
(6) Based on a duly justified application,
the Secretary of the Court of Arbitration may extend the period for
the payment of the flat-rate fee, but by no more than one
month.
(7) The flat-rate fee for covering
administrative costs shall be determined and collected in the
currency used to pay the registration fee under Section 2 of these
Rules.
(8) Where the claimant fails to pay the
flat-rate fee for administrative costs within the extended time
period according to paragraph 6 above, the proceedings shall be
stayed.
The same provisions shall apply to
counterclaims.
(9) Where it becomes necessary to increase
the flat-rate fee in the course of arbitration proceedings due to
the increase in the amount in dispute, the provisions of the
foregoing paragraphs shall apply. If the increased flat-rate fee is
not paid, the increase in the amount in dispute shall not be taken
into consideration.
(10) The provisions of Section 5 of these
Rules concerning the increased fee shall apply, as appropriate,
also to increased flat-rate fees for administrative costs of the
Court of Arbitration.
Section 10
Payment of the Flat-rate Fee for
Administrative Costs
(1) Administrative costs shall be paid by the
parties in a similar manner as the registration fee under Section 8
of these Rules.
(2) Administrative costs shall be finally
determined in the arbitration judgment or in the ruling on staying
the proceedings.
(3) The party who is liable for the payment
of the opposing party's costs shall be held liable also for the
payment of administrative costs of the Court of
Arbitration.
Section 11
Special Costs
(1) To cover special costs that may be
incurred by the Court of Arbitration in connection with hearing a
particular dispute under Section 1 paragraph 4 of these Rules, the
parties shall have to provide security for such costs, in the
amount and within the time period prescribed by the Presiding
Board, the tribunal or the arbitrator, or the Secretary of the
Court of Arbitration. This obligation may be imposed only on the
party who caused such special costs or in whose own interests the
costs are incurred. The costs incurred in conjunction with
exercising the rights of the parties pursuant to Section 3 of the
Rules of Procedure of the Court of Arbitration of the Slovak
Chamber of Commerce and Industry are also deemed special costs. If
the security is not provided, the relevant steps of procedure shall
not be taken.
(2) If it becomes necessary to increase the
security for special costs in the course of the proceedings,
because the amount calculated pursuant to paragraph 1 is not
sufficient to cover such costs, the parties or the party who caused
such special costs or in whose own interests the costs are incurred
shall have to provide additional security (even repeatedly) within
the prescribed time period when so requested by the Presiding
Board, by the tribunal, by the arbitrator or by the Secretary of
the Court of Arbitration. If additional security for special costs
is not provided, the last sentence of paragraph 1 above shall
apply, as appropriate.
(3) Special costs shall be determined with
final effect in the arbitration decision or in the ruling on the
stay of the proceedings. The method of the payment of security for
special costs shall be governed, as appropriate, by the provisions
of Sections 2 and 10 of these Rules.
(4) Special costs that shall be incurred by
the Court of Arbitration in connection with a party's request to
secure the translation of documents submitted by the parties,
notices, etc., as well as the questions, clarifications or
recommendations of the arbitral tribunal (sole arbitrator) or of
the Presiding Board, to a language that differs from the language
used in the proceedings before arbitrators, shall be borne by the
party requesting such translation. The same shall apply to the
translation of arbitration decisions or rulings of arbitral
tribunals, (sole arbitrators) and to the rulings of the Presiding
Board, and to the payment of interpreter or expert fees.
Section 12
Expenses of the Parties
As a rule, each party shall cover their own
expenses. In arbitration judgments or in the rulings on the
termination of the proceedings the parties may be awarded, where
justified, the reimbursement of their expenses.
Section 13
Derogations
The Court of Arbitration may derogate from
the provisions of Sections 8 to 10 of these Rules and hold a party
liable for the expenses that have been unnecessarily incurred by
the opposing party as a result of the former party's ineffective or
unnecessary acts. These acts shall include any act that has caused
unnecessary expenses for the other party because it was not
necessary, in particular expenses caused by unreasonable delays in
the proceedings.
Section 14
Final Provision
These Rules Governing the Costs of
Arbitration Proceedings before the Court of Arbitration of the
Slovak Chamber of Commerce and Industry shall enter into effect as
from the date of their approval by the Board of Directors of the
Slovak Chamber of Commerce and Industry on 1 October
2002.
Note: Special conditions set out in Section
15 paragraph 3 of Act No. 244/2002 Coll. that must be met by
applicants for inclusion on the Panel of Arbitrators of the Court
of Arbitration of the SCCI are set out in Section 5 paragraph 2 of
the Statute of the Court of Arbitration of the SCCI.
1/Section 4 paragraph 1 of Act No. 244/2002
Coll.
2
/Section 3 of Act No.
244/2002 Coll.
3/Section 25 paragraph 1 of Act No. 244/2002
Coll.
4/Act No. 244/2000 Coll. on Arbitration
Proceedings.
5/Section 12 paragraph 4 of Act No. 244/2002
Coll.
6/Act No. 97/1963 Coll. on Private International Law
and the Law of Procedure as amended.
7/Section 23, paragraph 1, 3rd sentence of Act No.
244/2002 Coll.
8/Section 39 of Act No. 244/2002 Coll.
9/Section 40 paragraph 2 of Act No. 244/2002
Coll.
10/
Section 37 of Act No. 244/2002 Coll.
11/
Code of Civil Procedure of the Slovak Republic