EastArbiter is a platform for objective and efficient arbitration dispute settlement that is aimed at improving legal certainty, unify legal claim procedure and, specifically, promote cross-border business activities.
Arbitration dispute resolution through EastArbiter is one of the services of EASTPORT trade chamber, registered at Razusova 49, 040 01 Kosice, ID: 50587064 that unites arbiters from Slovakia and Ukraine alike who in turn have special and legal knowledge, while arbitration proceedings themselves will ensure the solution of economic and organizational issues.
Ad hoc arbiters of EastArbiter are independent and impartial specialists – Arbitration courts in accordance with §7 par. 1 of Law No. 244/2002 of the Code of Laws on Arbitration as amended.
According to the Law, proceedings with EastArbiter constitute an equivalent alternative to traditional judicial proceedings in ordinary courts. The decision made as a result of the arbitration process is valid not only in Slovakia, but also abroad.
Benefit from the membership in EastPort
The choice of the arbiter is made depending on the subject of the dispute and the arbitrator's professional specialization in relation to this subject.
It is a one-step procedure that takes less time than the one in ordinary courts. The judicial decision is subject to execution from the moment of its delivery not only in the home country, but also abroad.
Without language barriers
We will provide translation of supporting documents, as well as interpretation during interrogations - on hearings you can communicate in Slovak, Ukrainian, Russian or English.
Reduction of expenses
Depending on the disputed amount, the work of an arbiter will cost more than twice as cheap as classical court proceedings
Kosice is an ideal place in case there is a need to take part in hearings. It has an international airport with direct flights to Kiev, Bratislava or Prague and the city itself is only 100 km from Uzhgorod - the regional center of the Transcarpathian region.
Settlement of disputes takes place behind closed doors while the decision is made only before the participants in the process
Proceedings in the arbitration court on the territory of Slovakia are regulated by Law No. 244/2002 of the Code of Laws on Arbitration as amended and according to the Law represent an equivalent alternative to traditional judicial proceedings in ordinary courts.
The arbitration court of EastArbiter deals with the resolution of property disputes arising from domestic and international commercial and legal relations, if the nature of these disputes involves a judicial settlement. From the arbitration proceedings must be excluded:
- Disputes concerning the creation, modification or termination of the right of ownership and other proprietary rights
- Disputes concerning personal status (for example, divorce proceedings, etc.)
- Disputes related to enforcement of decisions
- Disputes arising during proceedings on bankruptcy and restructuring
Settlement of disputes in the arbitration court of EastArbiter is possible with the written consent of the parties before the dispute arises (for example, an arbitration clause is indicated in the contract between the partners or a separate arbitration agreement is concluded) or after the dispute arises (for example, as an addendum to an existing contract or application).
Compared to proceedings in ordinary courts, Arbitration court proceedings are considered to be more rapid, efficient, flexible, correct, less expensive and labour-intensive.
The decision of the arbitration court is final and binding for both parties, and is not subject to appeal. Challenging by the state court is possible only in some cases, but this does not cancel the arbitral verdict. The speed of arbitration proceedings is also ensured by the fact that the entire procedure is carried out mainly in a written form.
The main advantage of arbitration proceedings is the automatic enforcement of arbitral verdicts abroad and thus they are recognised both abroad and in the country where arbitral verdicts have been adopted. This applies to all countries that have acceded to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (June 10, 1958, New York), including Slovakia and Ukraine.
If the parties that have commercial relations are interested in solving their potential disputes through arbitration proceedings with EastArbiter, it is essential that they conclude an arbitration agreement. According to the law No. 244/2002 of the Code of Laws on Arbitration as amended it is an agreement between the parties that some or all of the disputes that have arisen or will arise between them in legal relations stipulated or not specified in the agreement, must be resolved by arbitration.
The arbitration agreement may take the form of a separate agreement or an arbitration clause for a particular contract.
The arbitration agreement must be concluded in a written form. Non – compliance with the written form can be replaced by the declaration of the parties in the protocol before the special arbiter of EastArbiter that they (the parties) will submit to its provisions – this should be done no later than the commencement of the proceedings.
If you want your legal issues to be handled by an ad hoc arbiter, a special clause must be added to the contract with your business partner (for example, to the final contractual provisions or to the section of the contract known as “Arbitration Clause”). The arbitration clause can also be added to general terms and conditions.
The parties agreed that all disputes arising from this agreement, including disputes over its validity, interpretation or termination, will be considered by the ad hoc arbiter chosen by the parties of the contract from the list of ad hoc arbiters of EastArbiter (hereinafter “the list”), which is maintained by the trade chamber of EASTPORT, Razosova 49 , 040 01 Kosice, the Slovak Republic, TIN: 50 587 064 (hereinafter EASTPORT), or outside this list.
If the parties do not reach an agreement on the choice of an arbiter, he will be appointed by the selected person from EASTPORT in accordance with § 6, par. 3, law No. 244/2002 of the Code of Laws on Arbitration. Arbitration proceedings will be conducted in accordance with the rules, set forth in regulations of ad hoc arbitrers of EastArbiter, and the legislation of the Slovak Republic. Participants will be subjects to arbitration proceedings with a subsequent verdict.
If you and your business partner have already signed an agreement where no arbitration clause can be found, you can easily sign the arbitration agreement without any problems.
List of Arbiters
The trade chamber of Eastport keeps an up-to-date list of EastArbiter arbiters, coming both from Slovakia and Ukraine, from which the parties can choose a specialist based on their professional orientation and depending on the subject of the dispute. The parties have the right to choose an arbiter who is not on the list of ad hoc arbiters of EastArbiter, but in this case it should be a person capable of performing the role of a judge and meeting all necessary requirements of the law. Furthermore, this arbiter must accept the rules of ad hoc arbiters of EastArbiter and related regulations.
Ad hoc arbiters of EastArbiter who are on the “List of Arbiters” assume the obligation to perform judicial activities in accordance with the law, with impartiality and due attention, in order to ensure fair protection of rights and legitimate interests of the parties and thus preventing violation and abuse of their rights and legitimate interests.