ADR. Arbitraż i Mediacja

nr 1/2015

How Much Does it Take to be ‘Arbitration-Friendly’?

Karolina Pasko
Associate in litigation and arbitration team in FKA Furtek Komosa Aleksandrowicz law firm; PhD candidate in the Civil Law Institute at the Faculty of Law and Administration of the University of Warsaw.
Abstrakt

 This and many other questions were raised by panelists and participants during the international conference ‘Current Trends in Arbitration Laws and Rules’ that took place at the University of Warsaw on February 12th, 2014.  As Prof. Wojciech Kocot, University of Warsaw, noticed in his welcome speech, arbitration is still a developing field of law and legal practice. Law-makers, arbitration institutions and lawyers are continuously searching to improve arbitration regulations. The question is if these changes are long-term trends or just passing fads.  Mariusz Haładyj, Deputy Minister of Economy of the Republic of Poland, expressed view that the development of arbitration and mediation is a very important factor in facilitating commercial relations. That is because of flexibility and speediness of arbitration proceedings and a possible confidentiality of a dispute. The Ministry of Economy has set an expert group on mediation and arbitration which is supposed to analyze ADR practice in Poland and in future to propose amendments to Polish law. The mission of the Ministry of Economy is to create good conditions for business relations, especially to avoid situation where a threat of a long and expensive dispute freezes business activity.  Prof. Jerzy Rajski, University of Warsaw, whose speech was read by Prof. Wojciech Kocot, underlined that arbitration as a field of law had undergone big evolution last few decades and now it is a well-organized, institutionalized and professionally-managed system of resolution of commercial disputes. However, Prof. Rajski noticed important challenges that commercial arbitration...