Is an arbitration clause unenforceable if one of the parties is unable to cover the arbitration fees?
In a controversial ruling, the Supreme Court of Poland has held that a party’s objective inability to bear the costs of arbitration may render an arbitration clause unenforceable within the meaning of Art. 1165 §2 of the Civil Procedure Code. This issue has already been addressed by leading courts in Finland, Germany, Portugal and the UK, and more broadly by the European Court of Human Rights.
![Is an arbitration clause unenforceable if one of the parties is unable to cover the arbitration fees?](/upload/thumb/wordpress/2017/03/352_new_auto_800x800.png)
The purpose of referral to arbitration
Generally, dispute resolution is entrusted to state courts, but the parties can renounce this jurisdiction in favour of arbitration. Typically, the parties elect arbitration in an arbitration clause included in their original contract, signed well before any dispute arises. In other cases, after a dispute arises, the parties may agree to seek arbitration by signing a post-dispute referral to arbitration.
![The purpose of referral to arbitration](/upload/thumb/wordpress/2017/03/356_new_auto_800x800.png)
Conversion of state court proceedings into arbitration proceedings
On 1 July 2023, another major amendment to the Polish Civil Procedure Code enters into force. The changes involve general provisions, consideration of the merits, interim relief, enforcement, and arbitration. In this article, we will examine the amendments to Part Five of the Civil Procedure Code—the arbitration chapter.
![Conversion of state court proceedings into arbitration proceedings](/upload/thumb/wordpress/2017/03/276_new_auto_800x800.png)
Should we be preparing for a Russian-Belarusian investment arbitration offensive?
After Russia threatened to expropriate foreign investors withdrawing from that country because of the war with Ukraine started by Russia and Belarus, we have seen an avalanche of commentaries encouraging wronged enterprises to prepare lawsuits against Russia in investment arbitration proceedings.
![Should we be preparing for a Russian-Belarusian investment arbitration offensive?](/upload/thumb/wordpress/2017/03/350_new_auto_800x800.png)
Is an arbitration clause in a subcontract effective against the investor?
The investor and the general contractor are jointly and severally liable for the subcontractors’ fees. However, this does not automatically mean that the provisions of the agreement between the subcontractor and the general contractor will apply directly to the investor. A particular provision is an arbitration clause determining the method for pursuing claims. If the general contractor and the subcontractor have agreed to arbitration, can the subcontractor pursue the investor in arbitration as well, or must the subcontractor file suit in state court?
![Is an arbitration clause in a subcontract effective against the investor?](/upload/thumb/wordpress/2017/03/356_new_auto_800x800.png)
How to resolve disputes when the courts are not working?
An interview with Łukasz Lasek and Piotr Golędzinowski from the Dispute Resolution & Arbitration practice on the possibilities of out-of-court dispute resolution, planning in the event of a dispute, and costly traps to avoid.
![How to resolve disputes when the courts are not working?](/upload/thumb/wordpress/2017/03/222_new_auto_800x800.png)
Professional footballers receive meaningful support in collecting outstanding wages
FIFPro and FIFA have launched a guarantee fund securing the payment of salaries to players unable to enforce judgments against their football clubs. This approach would also be helpful in other sports, as there are growing calls for support for professionals in their dealings with teams and sports federations.
![Professional footballers receive meaningful support in collecting outstanding wages](/upload/thumb/wordpress/2017/03/120_new_auto_800x800.png)
Fee for alternative claims in arbitration
In arbitration, as in proceedings before the state courts, it is permissible to assert alternative claims alongside the principal claim. But there are no express rules on the fees for such claims in the Act on Court Costs in Civil Cases or in the rules and fee schedules of arbitral institutions. This raises the question of how fees should be calculated for alternative claims in the two types of proceedings, and whether the rules are the same.
![Fee for alternative claims in arbitration](/upload/thumb/wordpress/2017/03/81_new_auto_800x800.png)
New Public Procurement Law: Mediation and conciliation at the Court of Arbitration at the General Counsel to the Republic of Poland—good or bad solution?
Under the proposed new Public Procurement Law, in the event of a dispute involving performance of a public contract, amicable resolution of the dispute would be handled by the Court of Arbitration at the General Counsel to the Republic of Poland. But the proposal generates legal doubts.
![New Public Procurement Law: Mediation and conciliation at the Court of Arbitration at the General Counsel to the Republic of Poland—good or bad solution?](/upload/thumb/wordpress/2017/03/350_new_auto_800x800.png)
We also are not the world: International arbitration in the era of Brexit and Donald Trump
International arbitration is often referred to as an area of globalisation par excellence. It is an institution of global civil society. It is living proof that global society can freely govern itself, even in such vital areas as the adjudication of legal disputes, including those involving public and politically sensitive matters.
![We also are not the world: International arbitration in the era of Brexit and Donald Trump](/upload/thumb/wordpress/2017/03/216_new_auto_800x800.png)
Cybersecurity for international arbitration
Cybersecurity Protocol for International Arbitration: Three international organisations—ICCA, the New York City Bar Association and CPR—are introducing best practice in protecting against cyber threats.
![Cybersecurity for international arbitration](/upload/thumb/wordpress/2017/03/42_new_auto_800x800.png)
Online Arbitration Court wishes to be competitive in terms of speed and cost
On 12 February 2019, the Online Arbitration Court (OAC) was launched, intended by the architects to be a ground-breaking development in the Polish judicial system and a revolutionary development for business.
![Online Arbitration Court wishes to be competitive in terms of speed and cost](/upload/thumb/wordpress/2017/03/383_new_auto_800x800.png)