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Dispute Resolution in Poland Issues and new developments in dispute resolution in Poland.

Rafał Morek, Ph.D.


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.

Posts by Rafał Morek, Ph.D.

Is mandatory online mediation admissible?

Posted in Uncategorized

Both national and EU legislations allow solutions which provide for mandatory participation in ADR procedures available online.[1] 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

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

New excitement in the Big Apple

Posted in Litigation

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

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

ADR Pledge – In Polish

Posted in Litigation

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

Service of judicial documents in civil or commercial matters: Polish law inconsistent with the Regulation EC 1393/2007 – ECJ’s judgment in Alder v. Orlowska case

Posted in Litigation

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 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