NEW ISSUE OF ARBITRATION E-REVIEW
Arbitration e-Review is back after a short recess and so we are all the more hopeful that you will receive it favorably. We will do our best to ensure that you will not be kept waiting so long for successive issues to come out and that the articles we will publish will be of interest to you.
We devoted Issue No. 1 / 2016 to four problems.
Łukasz Gorywoda, Ph.D., shares with us his reflections on the tendency to transform the single-tier procedure in investment arbitration into a two-tiered procedure. In his article, the author examines how the appeal mechanism for investment disputes has evolved and endeavors to answer the question of whether or not a two-tiered arbitration procedure is in conflict with one of the fundamental properties of investment arbitration (and of commercial arbitration alike).
Marcin Robenek scrutinizes the legal nature of the Dispute Adjudication Board in the dispute resolution model under the FIDIC Conditions of Contract, and inquires whether this body is optional or obligatory. Based on the findings of his analysis, he claims, inter alia, that the issue of multi-tiered arbitration clauses and of the dispute resolution procedure adopted under the FIDIC Conditions of Contract has not been resolved so far in case law and in practice, which generates additional areas of risk one is faced with when drafting and incorporating such clauses into contracts.
Michał Kocur tackles the problem of witness statements, which is of exceptional importance for the practice of arbitration. Although the majority of arbitration rules in place at permanent courts of arbitration expressly permit this means of evidence, neither the applicable provisions of law nor the provisions of such arbitration rules conclusively dissipate the numerous concerns that might arise whenever it is used.
I also recommend a brief analysis of the amendments to Part V of the Code of Civil Procedure, as in force since January 1, 2016. In this article, I have attempted to answer the question whether further amendments to arbitration law are needed; it seems that this question is becoming ever more relevant at present.
Have a good read,
Marcin Asłanowicz, Ph.D.