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Category Archives: Arbitration

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Cyberweek 2014: What is new in ODR?

Posted in Arbitration

If you were unaware that last week was the Cyberweek 2014, you missed a chance to take part in the 17th annual online conference dedicated to innovations and development in Online Dispute Resolution (ODR). Its program included 17 live webinars, 8 discussion forums and a variety of other activities to discuss the integration of technology… Continue Reading

Poland wins

Posted in Investment Arbitration

The Republic of Poland has won a BIT (Bilateral Investment Treaty) dispute with American investors.  The dispute referred to the disreputable Plasma Fractionation Laboratory (in Polish: “LFO”), the scandal that took place at the end of the last decade.  The judgment is available online at: http://www.italaw.com/sites/default/files/case-documents/italaw3192.pdf. Winning in good style, all claims were dismissed, and… Continue Reading

Wisdom from a fish bar

Posted in Arbitration

I was waiting for a helping of fried cod in one of the countless restaurants scattered along the seafront, when my eyes caught a sign on the wall.  It read something like: “Customers all want to be served quickly, cheaply and well. Unfortunately, we can deliver only two of these things at the same time…. Continue Reading

Exclusion of an attorney. Some notes on the development of international arbitration based on the IBA Guidelines, on Party Representation in International Arbitration

Posted in Arbitration

The Guidelines on Party Representation in International Arbitration (“Guidelines”) is a new initiative of the International Bar Association (IBA). The success of the earlier forms, the so-called soft law, in particular the Guidelines on Conflicts of Interest and the Taking of Evidence in International Arbitration has undoubtedly encouraged IBA to prepare the new guidelines. This… Continue Reading

The principle of equal rights of the parties to arbitration – in light of the decision of the Polish Supreme Court

Posted in Arbitration

In a recently published decision of October 19, 2012, no. V CSK 503/11, the Supreme Court expressed a controversial opinion that the equal rights of the parties to arbitration should refer only to the contents of the arbitration agreement and not to organizational elements creating the relevant and necessary organizational and legal infrastructure aimed at… Continue Reading

Pоссийская Арбитражная Ассоциация

Posted in Arbitration

On Thursday, June 19, 2013 I participated in an election meeting of the Russian Arbitration Association (Pоссийская Арбитражная Ассоциация). This newly founded organization aims to develop arbitration in Russia. The meeting took place at the Metropol Hotel in Moscow. The hotel, worth a mention in itself, is located on Theatre Square (next to the Bolshoi… Continue Reading

BIVAK for anyone interested in BIT arbitration

Posted in Investment Arbitration

          Some time ago, a decision of October 9, 2012, regarding Bureau Veritas, Inspection, Valuation, Assessment and Control (BIVAC) versus Uruguay (ICSID Case No ARB/07/09) has become public. I think this is compulsory reading for anybody dealing with investment arbitration. This is the second decision regarding jurisdiction in this matter, which became a basis for the… Continue Reading

New replaces new

Posted in Arbitration

The Rzeczpospolita newspaper reprinted several days ago comments of the Wall Street Journal warning Europe that it needs a “bankruptcy Union”.  However, this is not a malicious comment on the financial crisis or an allusion to the situation in the Eurozone, but a view that the efficiency of bankruptcy procedures has material economic meaning.  These… Continue Reading

My red Ferrari

Posted in Arbitration

I have heard lately from a few people whose opinions I value, negative comments about arbitration. It takes too long, the procedure is vague and unpredictable and the outcome was unsatisfactory. If in the football the saying of the football coach Kazimierz Górski that ”the ball is round and there are two goals” had such career I think that… Continue Reading

The world map of investment arbitration in ICSID statistics

Posted in Arbitration, Investment Arbitration

The number of new cases registered in the International Center for Settlement of Investment Disputes is at the highest level in 40 years. The protracted international financial crisis, controversial political and economic decisions of some governments, extensive consequences of the Arab Spring, the risk that Greece and some other states may go “bankrupt” and generally… Continue Reading

Time is more valuable than money

Posted in Arbitration

A few weeks ago – in the midst of the UEFA EURO 2012 Championship and with the Olympic Games almost upon us – I posted a blog entry on the fastest among all fast-track arbitrations. Today I’m staying on the same track to share again a few thoughts on the timing of arbitration – from… Continue Reading

The ICC

Posted in Arbitration

I was invited to join the board of the Polish National Committee of the International Chamber of Commerce (International Chamber of Commerce – ICC). Bravo! I will add it to my CV – it will fit nicely with the rest of the information there. Perhaps some prospective client will take notice? You never know! Certainly… Continue Reading

Court buffet

Posted in Arbitration, Litigation

It was not a long time ago, a bit more than 20 years ago, when the Warsaw courts were all in one place – in a monumental building at 127 Leszno Street (called Świerczewskiego then). The labor courts were located in the buildings of the mortgage court. There were 500 advocates in Warsaw and only… Continue Reading