Acceptance of Human Rights and Constitutional Values in Reviews of Arbitral Awards by the Courts of the Slovak Republic
pages 195 - 209
ABSTRACT:

This paper examines the development and current state of laws defining Slovak arbitration in the context of the review of arbitral awards permitted under the law. This paper summarizes in particular the case law of the Constitutional Court of the Slovak Republic, which has re-assessed the extend of the constitutional control and abidance of the human rights as applied in the civil proceedings and extended such control also to the arbitral proceedings. It is therefore possible to identify the approach applied to arbitration by the Constitutional Court in conforming to the principle of fair trial and due process of law, provided that the notion of subsidiarity is observed. Subsidiarity is also explained in this document in the context of the particular structure of the Slovak judiciary system and procedural regulations relating to the review of arbitral awards. In its concluding section, the paper recalls recent changes in the arbitral proceedings and the conditions for the review of the arbitral awards with respect to the case law of the European Court of Justice.

keywords
Arbitration court
arbitral award
right to a fair trial
Constitutional Court
protection of constitutionality
review of arbitral award
Arbitration Act
about the authors

Is a university lecturer, currently leading the International and European Law Department at Law Faculty of Paneuropean University in Bratislava, Areas of specialization: European law and constitutional law. His recent research focuses on judicial protection of European Union Law before Court of Justice and national courts of EU member states.

e-mail: miroslavslastan@gmail.com

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