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Publications

publications in the database: 24
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Maciej Łaszczuk, Justyna Szpara

Comments on the Scope of Assistance Given by a State Court to an Arbitration Court under Art. 1192 of the Polish Civil Procedure Code

By concluding an arbitration agreement (or an arbitration clause), the parties express the intention that an existing or future dispute between them be resolved by arbitrators, without the intervention of a state court. The principle of the autonomous will of the parties is subject to certain limitations, however, imposed by the legislature, which has provided for the state court to take certain actions in relation to a proceeding pending before an arbitration court. Viewing the relationship between the arbitration court and the state court in terms of the function fulfilled by the state court allows for a division of the actions by the state court into those involving oversight and those involving assistance to the arbitration court.1 Assigning certain actions by the state court provided for in the Civil Procedure Code (“CPC”) regulations concerning arbitration courts to one or the other of these groups may be doubtful,2 but not in the case of actions taken by the court3 under CPC Art. 1192 §1, which are acts of assistance provided upon motion by the arbitration court. read all

Key issues: state court assistance

published 15-06-2010 | id: 40001

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

Justyna Szpara

Invalidity of Arbitration Clause for Disputes under European Union Law: Ruling of the English High Court in Accentuate v Asigra

An arbitration clause is void insofar as it submits to resolution by an arbitration court disputes concerning mandatorily applicable provisions of European Union law. This was the ruling by Sir Michael Tugendhat, Judge of the English High Court of Justice, Queen’s Bench Division, in the judgment dated 30 October 2009 in Accentuate Ltd v Asigra Inc ([2009] EWHC 2655 QB). The ruling made Judge Tugendhat one of the personages most often mentioned during the IBA Arbitration Day seminar held on 5 March 2010 in London. The question was openly raised during panel discussions and coffee breaks whether this ruling has brought to an end the English courts’ reputation for being arbitration-friendly. read all

Key issues: arbitration agreement

published 21-06-2010 | id: 40005

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

Maciej Łaszczuk, Justyna Szpara

Chapter on the Court of Arbitration at the Polish Chamber of Commerce 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: 40011

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

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
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