Reflections on Arbitration Proceedings: A Chance for Dispute Resolution Missed Forever?
pages 161 - 182
ABSTRACT:

Arbitration practice has been evolving over time, in line with the historical and socio-political backdrop (the latter being an important aspect of commerce and trade in many legal systems), up to a point at which it is common practice for contractual parties to “promise” each other that such disputes as may arise from their business relationship will not be resolved in court proceedings, but be brought before a special body – a permanent arbitration court or an ad hoc arbitrator. Th e institution of arbitration proceedings – as a part of a larger dispute resolution system and an alternative to judicial proceedings in general courts – confronts potential participants in arbitration with a dilemma: which of the dispute resolutions methods on off er should they use?
It is not easy to resolve the above-described dilemma of having to choose in favour of one method of dispute resolution or the other, nor is it easy to come to a final conclusion as to what direction should generally be taken by parties for resolving their disputes, as to what form of dispute resolution could be recommended as “more ideal” – that is, whether to take, at those metaphorical crossroads, the classic (and in some ways safer) route of court proceedings or to venture down a new “turning in the road” and take the risk of experimental alternative dispute resolution.

keywords
Arbitration proceedings
arbitrator
independence
impartiality of arbitrators
about the authors

JUDr. Regina Palková, PhD. is research associate at the Chair of Commercial Law and Economic Law of the Faculty of Law of Pavol Jozef Šafárik University in Košice. She completed her post-graduate studies in 2009 by successfully defending her dissertation on the topic: 'Arbitration procedures in commercial matters – the current state and proposals for future legal development'. Her research work continues to address issues in the realm of arbitration as well as out-of-court dispute resolution in a more general context. She manages the grant project "Out-of-court (alternative) dispute resolution in Slovakia".

e-mail: regina.palkova@upjs.sk

Prof. JUDr. Jozef Suchoža, DrSc. is a recognized authority in the field of commercial law. He is the author of several scholarly monographs and of a wealth of specialist articles and studies, and the co-author of the first comprehensive Slovak textbook on commercial law. He is a member of the Scientific Council at the Institute of State and Law of the Czech Academy of Sciences in Prague, and an international arbiter entered in the lists of arbiters of the Arbitration Court attached to the Slovak Chamber of Commerce and Industry and of the Arbitration Court attached to the Economic Chamber and the Agricultural Chamber of the Czech Republic. He is currently acting as the project manager in charge for a project funded by the Slovak Research And Development Agency (APVV) which focuses on the issue of out-of-court dispute resolution in Slovakia (LPP-0076-09 – Out-of-court/alternative dispute resolution in Slovakia).

e-mail: regina.palkova@upjs.sk

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