The Past and Possible Futures of European Union Judicature
ABSTRACT: In many ways, the success of the European Union as a polity is dependent on the effectiveness of its legal order, and that in turn on the effectiveness of its judicature in ensuring observance of EU ...
page 3 - 22
read more
Regulatory Framework and Characteristics of Arbitration Judicature in Poland
ABSTRACT: In Poland, arbitration is considered the best known and most widely used method of out-of-court dispute settlement. The Constitution of Poland of 1997 sets out a comprehensive list of courts, as ...
page 23 - 45
read more
Arbitration from Perspective of Right to Legal Protection and Right to Court Proceedings (the Right to Have One’s Case Dealt with by a Court): Significance of Autonomy and Scope of Right to Fair Trial
ABSTRACT: In the past, states hesitated to recognize decisions of foreign courts on political grounds, as such recognition de facto implied the acceptance of the authority of a foreign state. These obstacles ...
page 47 - 70
read more
Arbitral Interim Measures and the Right to Be Heard
ABSTRACT: If arbitration is to be equally efficient as judicial mechanisms of dispute resolution, it must provide an equivalent system of immediate interim protection of parties’ rights and property until ...
page 71 - 86
read more
The EU Charter of Fundamental Rights and Public Policy in International Arbitration Law
ABSTRACT: There are no doubts about the relevance of public policy as to the recognition of foreign arbitral awards in Germany. As far as the impact of the EU Charter of Fundamental Rights is concerned, it ...
page 87 - 105
read more
Conflicts of Interest in Arbitration: The News from the Russian Federation
ABSTRACT: Impartiality and independence of arbitrators, standing right at the forefront of the arbitration and, essentially, ensuring its legitimacy, have always attracted attentions of scholars and ...
page 107 - 122
read more
Constitutional Grounds for Arbitration and Arbitrability of Disputes in Russia and Other CIS Countries
ABSTRACT: Limits of arbitrability are based on balance between constitutional right to protect civil rights by any means which are not directly prohibited by the law, which includes the right to submit a ...
page 123 - 146
read more
Constitutional Environment and the Phenomenon of Arbitration
ABSTRACT: The idea of international arbitration tribunals that use several instruments of international law institutes a “non-governmental” approach to settling private-law disputes (in addition to the ...
page 147 - 160
read more
Reflections on Arbitration Proceedings: A Chance for Dispute Resolution Missed Forever?
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 ...
page 161 - 182
read more
At the Edge of Justice: Arbitration in Unequal Relationships Th e Constitutional Limits of Arbitration
ABSTRACT: The Czech Republic is gradually familiarizing itself with alternative dispute resolution (ADR) methods such as mediation or arbitration. Given that the average duration of proceedings in civil ...
page 183 - 193
read more
Acceptance of Human Rights and Constitutional Values in Reviews of Arbitral Awards by the Courts of the Slovak Republic
ABSTRACT: This paper examines the development and current state of laws defining Slovak arbitration in the context of the review of arbitral awards permitted under the law. This paper summarizes in particular ...
page 195 - 209
read more
ICSID Annulment Proceedings Based on Serious Departure from a Fundamental Rule of Procedure
ABSTRACT: This paper analyses case law on Article 52(1) (d) of the ICSID Convention, according to which an award rendered by an ICSID tribunal can be annulled by an ad hoc Committee on the grounds of a ...
page 221 - 226
read more
The Three Pursuits of Dispute Settlement
ABSTRACT: What is dispute settlement? What should we expect or ask from a dispute resolution mechanism? To what extent and with what consequences can we buy dispute resolution, privatise it and remove it from ...
page 227 - 244
read more