It is advisable to designate the prevailing text expressly, but statutory rules and the dispute forum must always be considered. Under Section 8(5) of the State Language Act, the state-language version of an agreement applies in the event of ambiguity or inconsistency in proceedings before the authorities and legal entities specified in Section 3(1). Outside this specific rule, the agreement's meaning is assessed under the governing law and applicable interpretation rules; expert examination of the translation is not automatically required.
The investor wants an English text; the business needs a Slovak one. Two columns side by side appear to provide double certainty. Yet when the versions differ even in one term, a question nobody asked at signing arises: which text is actually the agreement?
The prevailing text and statutory rules
Under Section 8(5) of Act No. 270/1995 Coll. on the State Language, an agreement in another official EU language is recognised alongside the state-language version in proceedings before the authorities and legal entities specified in Section 3(1), but the state-language version applies in the event of ambiguity or inconsistency. It is therefore incorrect to claim generally that both versions always have equal standing.
When interpreting a commercial agreement, the parties’ intention known, or necessarily known, to the other party and the meaning customary in commercial dealings also apply (Section 266 of the Commercial Code, Act No. 513/1991 Coll.). The Act adds a rule every drafter should know:
An expression of intent containing a term capable of different interpretations must, in case of doubt, be interpreted against the party that first used the term in the dealings.
— Section 266(4) of the Commercial Code (unofficial English translation)
Ambiguity may therefore be construed against the party that first used the disputed term. The court interprets the agreement’s legal meaning; a translation or expert evidence may be needed where appropriate. Expert examination of the translation is not a mandatory part of every dispute.
The prevailing-language clause
A clause may state that the agreement is made in Slovak and English and that a specified version prevails in case of inconsistency. It must, however, respect the statutory rule described above and fit the rest of the agreement. Choosing an English version, foreign governing law and a foreign arbitral tribunal forms a consistent whole. By contrast, an English prevailing version before a Slovak court still requires translation: the court works in the state language and in practice requests an official translation of foreign-language documents. With Slovak governing law and a Slovak court, we therefore recommend giving priority to Slovak; this is how we structure bilingual transaction documents in our practice.
The same rule should also be agreed for amendments, schedules and notices between the parties. An inconsistency can arise even in an email implementing the agreement.
Translation is substantive work
Most discrepancies result from translations prepared under time pressure at the end of a transaction, rather than bad intent. Legal concepts in two languages do not align perfectly, and a literal translation can shift the meaning of an entire clause. Translation should therefore be handled by a lawyer familiar with the contract type in both languages, and the final texts should be read side by side before signing. Bear in mind that Slovak authorities and registers work with Slovak texts; in practice, foreign-language documents are submitted with translations.
How we can help
We prepare bilingual agreements with coordinated prevailing-language, governing-law and forum clauses, draft bespoke commercial agreements in both languages from the outset, and prepare bilingual documents for investor entry. Having someone else’s translation checked before signing is cheaper than expert evidence afterwards.
This answer provides general information on the law as at 10 September 2026. It does not constitute legal services or replace an assessment of an individual case. The details of your situation may differ. Book a consultation to discuss them.
