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Rules of Procedure: Arbitration Court of the Slovak Chamber of Commerce and Industry

  • 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