Jurisdiction of an Arbitral Tribunal and the Res Judicata Effect in Proceedings for the Setting Aside of an Arbitral Award: Unification of Case Law by the Grand Chamber of the Supreme Court of the Slovak Republic

The Grand Chamber of the Civil Law Division of the Supreme Court of the Slovak Republic, in its resolution of 21 April 2026, Case No. 1VCdo/10/2025, addressed an important issue concerning the relationship between arbitration proceedings and the subsequent judicial review of the jurisdiction of an arbitral tribunal.

The Supreme Court concluded that a lack of jurisdiction of an arbitral tribunal may be raised in an action to set aside an arbitral award even where, following the arbitral tribunal’s decision on its jurisdiction, a party did not apply to a general court for a ruling on that objection or subsequently withdrew such an application. At the same time, the arbitral tribunal’s decision on its own jurisdiction does not give rise to res judicata in respect of that issue.