arbitration | In Principle

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.

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.

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.

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.

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.

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.

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.

Are proceedings before the Dispute Adjudication Board a necessary condition for seeking arbitration?

When the state court resolves issues related to arbitration proceedings, the hearing should not be public.

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.

Sometimes the Civil Procedure Code does not provide a satisfactory response to a litigation issue. The answer may lie in a less obvious source.

Soon consumers in the European Union may obtain new options for pursuing claims, under the proposed Consumer ADR Directive and the proposed Consumer ODR Regulation. The proposals could also generate benefits for businesses.