Liechtenstein developing alternative dispute resolution
The Principality of Liechtenstein has been an international financial centre for a long time. Now, due to the Liechtenstein Rules, it has an opportunity to become an international arbitration centre.
An enforcement clause can be issued for a ruling against a bankrupt company
The Polish Supreme Court has confirmed that there is no reason not to confirm that a foreign judgment against a bankrupt company is enforceable, and issue an enforcement clause. Courts of lower instance have ruled out this possibility.
Administrative secretaries under the ICC Rules of Arbitration
The arbitrator’s role is based on trust. Arbitrators are obliged to hear and decide cases personally. Arbitrators cannot delegate their essential duties to other persons. But it is possible and sometimes desirable to entrust supporting activities to another person, known as an administrative secretary. Delegating certain tasks to a secretary can contribute to the arbitration by helping the process go more smoothly, saving time and money, thus furthering the interests of the parties.
The permissibility of asking witnesses leading questions in Polish judicial and arbitration practice
Whether witnesses can be asked leading questions is a vital issue for fair trials, but is treated inconsistently in Polish litigation practice. Inspiration can be sought from the rules that have worked for years in common-law jurisdictions.
What has changed in the ICC Rules?
Amendments to the Rules of Arbitration of the International Chamber of Commerce in Paris entered into force on 1 March 2017. The amendments were inspired by the desire to provide additional transparency and improved efficiency in international arbitration proceedings based on the ICC Rules. The new features respond to calls from the arbitration community to establish a more tailor-made arbitration procedure.
A lost opportunity: Corporate arbitration and reform of Polish arbitration law
The amendment to the arbitration law that enters into force on 1 January 2016 should increase the popularity of Poland as an arbitration forum. Lawmakers did not take full advantage of the opportunity to expand the scope of arbitration, however, ignoring calls for changes in the arbitrability of corporate disputes.
More on the confidentiality of arbitration
One of the arguments for submitting disputes to arbitration is the confidentiality of the award, which is important for businesses. But as the case law demonstrates, the state courts do not always get the message about the confidential essence of arbitration.
When an arbitration case winds up in state court
Confidentiality, speed and cost control by the parties are usually ticked off as advantages of arbitration. But these go out the window when the state court intervenes in an arbitration case.
Disputes under FIDIC contracts
Are proceedings before the Dispute Adjudication Board a necessary condition for seeking arbitration?
Is arbitration truly confidential?
When the state court resolves issues related to arbitration proceedings, the hearing should not be public.
Arbitration on the agenda at the IBA European Regional Forum in Warsaw
Among the numerous sessions and workshops at the November conference of the IBA European Regional Forum, there will be a workshop devoted to practical aspects of arbitration.
There's more to litigation than the Civil Procedure Code
Sometimes the Civil Procedure Code does not provide a satisfactory response to a litigation issue. The answer may lie in a less obvious source.
