Yes, but not by way of an appeal. A court may set aside an arbitral award only on the grounds listed in the legislation, for example an invalid arbitration agreement, a decision beyond the scope of the arbitration clause, or denial of an opportunity to present your case. It does not assess whether the arbitrators decided the dispute correctly. In Slovakia, an action must be filed within 60 days of service of the award; in Czechia, an application must be filed within 3 months of service of the award. In neither country does filing itself stay enforcement. You must ask the court for a stay.
A company has lost a dispute before arbitrators and disagrees with the outcome. Arbitration generally involves a single instance. There is no appeal to a state court. Slovak and Czech legislation allow only an action (an application in Czechia) to set aside the award, on narrowly defined grounds and within a short time limit. First, check the arbitration agreement. If you agreed that the award could be reviewed by other arbitrators, a request must be filed in Slovakia within 15 days of service of the award (Section 37(2) of Act No. 244/2002 Z. z.). In Czechia, the request must be sent to the other party within 30 days of service of the award, unless the agreement provides otherwise (Section 27 of Act No. 216/1994 Sb.).
The courts of the country in which the award was made decide whether to set it aside. A Slovak court may set aside only a domestic arbitral award, meaning one made in Slovakia (Section 40(1) and Section 44(1) of Act No. 244/2002 Z. z.). An award made in Czechia must be challenged before a Czech court.
An action to set aside an award in Slovakia within 60 days
The action against the other party must be filed within 60 days of service of the award or, if you requested a correction, of service of the decision on that correction (Section 41). The parties cannot contract out of this right (Section 42). The court may set aside the award if you prove that the arbitration agreement was not validly concluded; that you were not properly notified of the appointment of an arbitrator or of the proceedings, or were unable to participate; that the award decided a dispute outside the scope of the clause (in which case only the affected part is set aside, if it is severable); or that the arbitral tribunal was not properly constituted or the proceedings did not follow the agreed procedure and this may have affected the decision (Section 40(1), letter a)). The court always examines, even without an objection, whether the matter is capable of being resolved by arbitration and whether the award conflicts with public policy (Section 40(1), letter b), and paragraph (2)).
The court will not take account of the grounds under letter a) if you failed to raise them before the arbitrators within the prescribed time limit or, where no time limit was prescribed, without undue delay (Section 40(4)). The question challenging an arbitration clause explains how to defend your position during the proceedings. The Supreme Court of the Slovak Republic emphasises that proceedings to set aside an award are not proceedings for appellate review of the arbitration (2Obdo/32/2024, paragraph 45).
The action itself does not stay enforcement:
The following quotation is reproduced in its original language:
Ak podá účastník rozhodcovského konania žalobu na príslušnom súde, napadnutý rozhodcovský rozsudok zostáva právoplatný. Súd, ktorý rozhoduje o žalobe, môže na návrh účastníka konania vykonateľnosť rozhodcovského rozsudku odložiť.
If the court sets aside the award because the arbitration agreement is invalid or the matter is not arbitrable, the court itself continues with the proceedings on the merits (Section 43(1)). For the other grounds, the arbitration agreement remains in force and new arbitrators decide the matter (Section 43(2)). Consumer disputes are governed by separate legislation, Act No. 335/2014 Z. z. on Consumer Arbitration, which has its own rules.
An application to set aside an award in Czechia within 3 months
The application must be filed within 3 months of service of the award (Section 32(1) of Act No. 216/1994 Sb.). A Czech court will set aside the award if it was made in a matter for which no valid arbitration agreement can be concluded; if the arbitration agreement is invalid, has been terminated or does not cover the matter; if an arbitrator who was not authorised to decide the case or was ineligible acted as arbitrator; if the award was not adopted by a majority of the arbitrators; if a party had no opportunity to present its case before the arbitrators; if the award orders relief that the party entitled to it did not seek, or performance that is impossible or unlawful under Czech law; and, finally, on grounds for reopening proceedings (Section 31). However, objections that the clause is invalid or that an arbitrator was not authorised to decide the case must be raised during the arbitration, before the party begins addressing the merits. If the party could have raised the objection but failed to do so, the court will dismiss the application insofar as it relies on those grounds (Section 33).
A Czech application likewise has no suspensive effect. At the request of the party required to comply with the award, the court may stay its enforceability if immediate enforcement would risk serious harm or if the application appears well-founded (Section 32(2)). Where the award is set aside because the matter is not arbitrable or the clause is invalid, the court decides the matter itself; for the other grounds, arbitration continues (Section 34).
If the successful party is meanwhile enforcing the award in the other country, the debtor may resist enforcement there only on limited grounds, as explained in the question enforcement of a Czech arbitral award in Slovakia.
How we can help
We will examine the award and the conduct of the proceedings, taking account of the time limits running from service for both an action and any request for review. If we identify a statutory ground, we will prepare an action to set aside the award before a Slovak court or an application before a Czech court, together with a request for a stay of enforceability, as part of our arbitration service. If we see no such ground, we will tell you before you incur the costs of court proceedings.
This answer provides general information on the law as at 3 October 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.
