Alexis Mourre took up the office of President of the ICC International Court of Arbitration almost a year and a half ago. From the beginning it was clear that Alexis had a vision to address the problems of arbitration, particularly the criticism regarding the lack of transparency and lengthy arbitration proceedings. These two issues appear… Continue Reading
The development of international arbitration in recent years has led to a significant multiplication of arbitration institutions around the world. In fact, every major city related to trade or industry has at least one dispute resolution centre. In addition to having long-standing, very reputable institutions for resolving commercial disputes, i.e. ICC in Paris or LCIA… Continue Reading
“Good morning, Sir. I’m calling from the appellate court in X – you transferred 300 zloty. What’s that for please?” “A court fee for the declaration of enforceability in Poland of a judgment of a foreign arbitration court.” “Sir, we are the appellate court and recognize only appeals” “No, from January 1st this year, the… Continue Reading
On July 8, 2015 the European Parliament approved the recommendation to the European Commission regarding the Transatlantic Trade and Investment Partnership by endorsing the Lange report. In fact, they are guidelines for the European Commission to negotiate with the United States. The approval of these guidelines has taken place with a considerable majority of votes:… Continue Reading
This week, representatives of the European Commission and the US Government met in New York for the ninth round of negotiations over the proposed trade and investment agreement between the European Union and the United States [http://trade.ec.europa.eu/doclib/events/index.cfm?id=1287]. The agreement will be known as the TTIP. If adopted, it will impact the economies and lives on… Continue Reading
It is ten years since the current Polish mediation and arbitration laws were enacted. Round dates encourage retrospection and thoughts about the future. Just like wine, law needs time to mature. It needs court decisions and doctrine to pull it out of its depths and decode the “proper” sense of the legal norms. But only… Continue Reading
I have been bothered with this question for some time. Poland is not a party to the Washington Convention, and I do not mean the Convention on International Trade in Endangered Species of Wild Fauna and Flora of 1973, but the 1965 Convention on the Settlement of Investment Disputes between States and Nationals of Other… Continue Reading
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
Wojciech Sadowski_Yukos and Contributory Fault
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
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
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
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
From 1st to 19th July 2013, the French capital hosted key individuals from the world of international arbitration – the leading representatives of science, arbitrators and other practitioners whose names are associated with landmark arbitration cases and awards. They took part in the International Academy for Arbitration Law program.
The United Nations Commission on International Trade Law (UNCITRAL) has adopted new rules for transparency in treaty-based investor-state arbitrations. The Rules, adopted on 11 July, will come into force on 1 April 2014.
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
This year’s winter, which seems to be without end in Poland, inevitably brings tropical connotations to mind. There are a lucky few who can fly away on such snowy days to distant and agreeable regions, for example the coast of the Indian Ocean. Others are left with nothing but their imagination. Imagining for example the… Continue Reading
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
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
The number of investment cases has been rapidly growing since late 1990s. Whilst in 1997 there were only 19 cases brought by foreign investors against states, by 2007 there were already 250 cases and at the end of 2011 – as many as 450.
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 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
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
A few weeks ago, the award in Oostergetel v. Slovakia case was published. The dispute arose from the privatization of a Slovak plant in the early 1990s. The company was indebted, yet it had real operations, a long tradition and development potential. The company went down just a few years after its acquisition by… Continue Reading