Legal Literature

Unfair Contract Terms Directive, link Unfair Contract Terms Directive, Article 2 Unfair Contract Terms Directive, Article 2, (b) Unfair Contract Terms Directive, Article 3, 3. Unfair Contract Terms Directive, ANNEX I, 1., (q)

This article reacts to a previous article written by JUDr. Drgoncová with a similar topic. It analyses the information stated therein, claiming the non-existence of competencies of the arbitration courts in consumer cases (in particular the implementation of Articles 2 and 3 of the Directive 93/13/EEC into Sections 52 and 53 of Act No. 40/1964 Coll. Civil Code, as amended).

The article also describes the regulation of arbitral proceedings in the Slovak legal system as well as the relations between the right to court protection and arbitral proceedings with references to the applicable case law of the Slovak Constitutional Court in line with Act No. 244/2002 Coll. on arbitration, as amended.

The author further describes the conditions for the validity of an arbitration clause under Slovak law with references to Section 53 of Act No. 40/1964 Coll. Civil Code, as amended.

In the final sections, the article inspects the regulation of consumer contracts in Slovak civil law, the competences of the arbitrator and the state court in consumer protection cases and the conditions for the review of the arbitral award by the respective state court under Slovak law.