polish

Publications

publications in the database: 24
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Paweł Chojecki, Paweł Marcisz

Grounds and effects of the stay of enforcement of an arbitration award

An arbitration award often ends only the first stage of the dispute between parties in conflict. If the party against whom the award is issued does not voluntarily comply with the award, by performing the award or accepting its effects, then the party that obtained a favourable award, if it seeks to make effective use of the award, will be required to file an application for recognition or enforcement of the award. Meanwhile, the party disputing the arbitration award may file a petition to set aside the award and an application to stay enforcement of the award. The subject of the analysis in this article is the application to stay the enforcement of an arbitration award, which presents a number of interesting theoretical and practical issues. read all

published 19-12-2012 | id: 40017

Justyna Szpara, Paweł Chojecki

Poland chapter in "Getting the Deal Through - Arbitration in 55 jurisdictions worldwide 2011" [PDF]

"Reproduced with permission from Law Business Research. This article was first published in Getting the Deal Through - Arbitration 2011, (published in February 2011; contributing editors Gerhard Wegen and Stephan Wilske of Gleiss Lutz). For further information please visit www.GettingTheDealThrough.com." read all (PDF)

Key issues: general works

published 03-03-2011 | id: 40010

Justyna Szpara, Paweł Chojecki

Poland chapter in "Getting the Deal Through - Arbitration in 57 jurisdictions worldwide 2012" [PDF]

Reproduced with permission from Law Business Research Ltd. This article was first published in Getting the Deal Through - Arbitration 2012, (published in February, 2012; contributing editors: Stephan Wilske and Gerhard Wegen, Gleiss Lutz). For further information please visit www.GettingTheDealThrough.com. read all (PDF)

Key issues: general works

published 16-03-2012 | id: 40013

Justyna Szpara, Paweł Chojecki

Poland chapter in "Getting the Deal Through - Arbitration in 55 jurisdictions worldwide 2013" [PDF]

Reproduced with permission from Law Business Research Ltd. This article was first published in Getting the Deal Through – Arbitration 2013, (published in January 2013; contributing editors: Gerhard Wegen and Stephan Wilske of Gleiss Lutz). For further information please visit www.GettingTheDealThrough.com. read all (PDF)

Key issues: general works

published 12-02-2013 | id: 40018

Maciej Łaszczuk

A Few Remarks on the Duties, Independence and Impartiality of Arbitrators

Nothing can do more harm to an arbitration proceeding than an arbitrator who does not possess the appropriate qualifications. An honest, diligent and competent arbitrator will not only resolve a dispute effectively by issuing an award that is lawful and understandable to the parties, after fairly and efficiently conducting the proceeding; but equally important, such an arbitrator will also enhance the prestige of arbitration as a method for resolving disputes. read all

Key issues: arbitrator

published 10-12-2012 | id: 40016

Maciej Łaszczuk

The Form for Correction and Interpretation of an Arbitration Award

The law uses the term “award” [here, wyrok] to refer to a determination on the merits by an arbitration award. Part Five of the Polish Civil Procedure Code also envisages issuance by an arbitration court of rulings other than awards, such as orders [postanowienia]. They do not include determinations of the relief sought by the parties and in this sense are not rulings on the merits. The current arbitration regulations include provisions concerning correction, interpretation and supplementation of an arbitration award (Civil Procedure Code Art. 1200–1203). These new provisions raise the question of the form in which arbitrators should carry out the correction or interpretation of an award. read all

Key issues: arbitration award

published 16-06-2010 | id: 40004

Maciej Łaszczuk

Changes in statutory interest: Consequences for arbitration cases

The Act of 9 October 2015 Amending the Act on Payment Terms in Commercial Transactions, the Civil Code and Certain Other Acts entered into force on 1 January 2016. Following the changes made by the amending act in Art. 359 and 481 of the Civil Code and Art. 4, 6 and 7 of the Act on Payment Terms in Commercial Transactions of 8 March 2013, there are now three types of statutory interest functioning in Poland, in different amounts. This means that the approach followed in Polish arbitration practice for framing the relief demanded in the claim, as well as the wording of awards of statutory interest, needs to be modified in line with the new regulations. read all

Key issues: general works

published 22-03-2016 | id: 40025

Maciej Łaszczuk, Justyna Szpara

Is the Parties’ Freedom to Establish the Rules of Procedure before the Arbitration Court Limited in Time?

We have taken as the subject of our comments the issue of the temporal scope of the parties’ freedom to establish the rules for an arbitration proceeding. The issue is significant enough in arbitration practice that we deemed it suitable to dedicate this essay to the Court of Arbitration at the Polish Chamber of Commerce on its 60th anniversary. read all

Key issues: arbitration procedure

published 06-12-2010 | id: 40009

ADR. Arbitraż i Mediacja (ADR. Arbitration and Mediation)

(Kwartalnik Polskiego Stowarzyszenia Sądownictwa Polubownego) Polish Arbitration Association Quarterly

The journal ADR. Arbitraż i Mediacja (ADR. Arbitration and Mediation) is published quarterly (spring, summer, fall and winter issues). It includes articles and other materials on issues related to arbitration, mediation and other forms of alternative dispute resolution: system-wide studies on specific legal institutions, comments on rulings, interdisciplinary works, cutting-edge works addressing legislative changes and trends in legal developments, and works addressing nagging or intriguing issues that arise in practice. The quarterly also publishes reports, reviews of Polish and foreign scholarly studies, bibliographical information, and rulings by arbitration courts and state courts addressing ADR issues.

See available issues of ADR
More information at publisher's website

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