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.
Are proceedings before the Dispute Adjudication Board a necessary condition for seeking arbitration?
When the state court resolves issues related to arbitration proceedings, the hearing should not be public.
Among the numerous sessions and workshops at the November conference of the IBA European Regional Forum, there will be a workshop devoted to practical aspects of arbitration.