Arbitration News from Poland

Poland: The autonomy of the arbitration proceedings and the limited scope of the public...

The Polish Supreme Court dealt with two issues arising out of setting aside proceedings. First, the question of the relationship between the decision of...

Poland: How far can an arbitral tribunal go if they consider the contract inequitable?

According to the Polish Supreme Court – very far, as it allowed an arbitral award to modify the key provision of a contract on...

Arbitration in Poland after the 2015 amendments of the Code of Civil Procedure and...

In a nutshell, arbitration must fulfil two main aims to be attractive to its potential users: enforceability of the award must be certain and...

Arbitration News from Europe

Turkey: ISTAC Arbitration is Now an Alternative For Public Procurement Agreement Disputes

Recent development The Turkish Public Procurement Authority recently amended the standard contracts annexed to the Regulations on the Implementation of Public Procurements effective as of...

Vattenfall-Decision Mitigates Achmea-Effect

A couple of months ago a decision by the European Court of Justice ("ECJ") shocked the arbitration community: The ECJ decided in its (in)famous...

Swiss Federal Supreme Court Reaffirms CAS Panel is Independent From FIFA

In its decision 4A_260/2017 rendered on 20 February 2018, the Swiss Federal Supreme Court declined to set aside an award rendered by the Court...

English High Court provides useful guidance on whether test for appeal on a point...

The case of Agile Holdings Corp v Essar Shipping Ltd clarifies the circumstances in which the court can revisit the decision to grant leave...

England and Wales: Apparent Bias In Arbitral Tribunals – Guidance from the Court of...

In April 2018, the Court of Appeal issued its decision in Halliburton Company v (1) Chubb Bermuda Insurance Ltd (2) (3) (4)...

Due process and fairness in arbitral proceedings: the Commercial Court rules against finding serious...

The rejection of SCM Financial Overseas Ltd's ("SCM") challenge to an US$ 860 million award in favour of Raga Establishment Ltd ("Raga") on the...

Draft Model BIT abandons Party-Appointed Arbitrators

On 16 May 2018, Global Arbitration Review published a report on the Netherlands newly published draft model BIT. The news heading was "Radical proposals...

Comparative Chart of International Investment Arbitration Rules

Investment treaty arbitrations may be brought under the rules of many different arbitration institutions.  As can be expected, each institution has its unique rules...

Germany: Do Arbitration Agreements Cover Cartel Damages Claims?

The question whether arbitration agreements cover cartel damages claims is highly disputed. Recently, the Regional Court Dortmund took an arbitration-friendly approach by dismissing an...

Baker McKenzie’s Arbitration Yearbook 10th Anniversary Edition 2016-2017 

Click here for the chapter on Poland in the 2016-2017 Arbitration Yearbook.

 

Baker McKenzie’s Arbitration Yearbook 2015-2016 Edition

Click here for the chapter on Poland in the 2015-2016 Arbitration Yearbook.