The Crime of Bending the Law From the Point of View of the Arbitrator... of the Court of Arbitration and Application Practice

Abstract

The article deals with the crime of bending the law of arbitrators of the Court of Arbitration in terms of particular features of the subject matter of this newly created crime in the Slovak legislation. The subjective nature of this crime raises the question of a possible collective offender, i.e., the Court of Arbitration consisting of various arbitrators whose conduct results in the collective award. It is also noteworthy to mention the objective side of this subject matter in case of arbitrators lacking law ba-ckground (even if they are experts in the given field). The aim of this paper is to analyze what conduct of the arbitrator can be subject to criminal punishment or what conduct will demonstrate the elements of arbitrariness from the part of the arbitrator or the Court of Arbitration and what consequences such conduct will have for the award of the Court of Arbitration itself.