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.
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.
The Principality of Liechtenstein has been an international financial centre for a long time. Now, due to the Liechtenstein Rules, it has an opportunity to become an international arbitration centre.
The Polish Supreme Court has confirmed that there is no reason not to confirm that a foreign judgment against a bankrupt company is enforceable, and issue an enforcement clause. Courts of lower instance have ruled out this possibility.
The arbitrator’s role is based on trust. Arbitrators are obliged to hear and decide cases personally. Arbitrators cannot delegate their essential duties to other persons. But it is possible and sometimes desirable to entrust supporting activities to another person, known as an administrative secretary. Delegating certain tasks to a secretary can contribute to the arbitration by helping the process go more smoothly, saving time and money, thus furthering the interests of the parties.
The permissibility of asking witnesses leading questions in Polish judicial and arbitration practice
Whether witnesses can be asked leading questions is a vital issue for fair trials, but is treated inconsistently in Polish litigation practice. Inspiration can be sought from the rules that have worked for years in common-law jurisdictions.