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.
Amendments to the Rules of Arbitration of the International Chamber of Commerce in Paris entered into force on 1 March 2017. The amendments were inspired by the desire to provide additional transparency and improved efficiency in international arbitration proceedings based on the ICC Rules. The new features respond to calls from the arbitration community to establish a more tailor-made arbitration procedure.
The amendment to the arbitration law that enters into force on 1 January 2016 should increase the popularity of Poland as an arbitration forum. Lawmakers did not take full advantage of the opportunity to expand the scope of arbitration, however, ignoring calls for changes in the arbitrability of corporate disputes.
One of the arguments for submitting disputes to arbitration is the confidentiality of the award, which is important for businesses. But as the case law demonstrates, the state courts do not always get the message about the confidential essence of arbitration.
Confidentiality, speed and cost control by the parties are usually ticked off as advantages of arbitration. But these go out the window when the state court intervenes in an arbitration case.