Rafał has extensive experience representing clients in business and other disputes before both Polish state courts and international as well domestic arbitral tribunals. Dr. Morek has also taken part in more than forty proceedings as an arbitrator and a mediator. He is an assistant professor at the Faculty of Law, University of Warsaw, where he has been teaching courses on civil and commercial law, as well as negotiation, mediation and arbitration. He is an author or editor of three books and several articles in the field of dispute resolution and private law. In 2009, Dr. Morek was appointed as the Secretary of the Council for Alternative Methods of Conflict and Dispute Resolution at Poland’s Ministry of Justice.
Both national and EU legislations allow solutions which provide for mandatory participation in ADR procedures available online. From a policy-making perspective, the introduction of mandatory online mediation may be considered expedient in many respects. Firstly, it is effective: quick, cheap, convenient, as it does not require any movement etc. It is associated with a greater… Continue Reading
The Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes (Directive on consumer ADR) obliged Member States to bring into force the laws, regulations and administrative provisions necessary to comply with said Directive by 9 July 2015. Today we should hence be celebrating… 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
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
An apple a day keeps the doctor away. Apples are not only healthy but also trendy. However, this article is not about Polish apples (I would like to mention though to our non-Polish readers that Poland is the biggest exporter of apples in the world, and our apples have recently become the basis for political… 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
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.
The concept of an “ADR Pledge” has been known for at least last three decades. Mostly it is a public statement in which those who sign it (corporations, law firms, governmental agencies etc.) declare that they will adopt a systemic approach to dispute resolution with more focus on mediation and ADR. ADR pledges have been… Continue Reading
The notion of the so-called “serving by default”, namely deeming a letter properly served although a participant of the proceedings has never collected it, is as we know very important in practice. On the one hand, it is hard to imagine the smooth running of court or administrative proceedings without it, on the other hand,… 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.
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
Each UEFA EURO 2012 match attracts a larger audience than the American Superbowl. This is a great event not only for Poland and Ukraine hosting such a large sports event for the first time, but also for all football fans worldwide.
I am one of tens or perhaps even hundreds of thousands Poles whose professional lives are strictly related to the fact that Poland has earned the fame of being the largest “construction site in Europe”. As an attorney it is my bread and butter to work with construction firms as their legal advisor and counsel…. Continue Reading