Alicja Zielińska-Eisen, Author at Kluwer Arbitration Blog

Can the Inability to Bear Arbitration Costs Render the Arbitration Clause Unenforceable? According to the Polish Supreme Court, It Can

Marcin Menkes, Alicja Zielińska-Eisen, Maria Paschou (Queritius)/March 21, 2024March 17, 2024 /Leave a comment

The Polish Supreme Court (“PSC”) found an arbitration clause unenforceable due to the impecuniosity of one of the parties. This blog post discusses the decision, puts it in the broader context of international and EU law, and considers its relevance to the Court of Justice of the EU (“CJEU”) intra-EU commercial arbitration case law. …

Arbitration, Iura Novit Curia, Poland

Who Should Know The Law: The Arbitrators Or The Parties?

Cezary Wiśniewski (Linklaters) and Alicja Zielińska-Eisen (Queritius)/October 3, 2016September 28, 2016 /1 Comment

Linklaters

Much has been written about iura novit curia or, as it has been rephrased for arbitration purposes – the iura novit arbiter principle in international arbitration. There are three main areas of debate. The first of these areas deals with the different approaches to the role and duties of the decision-making body and the parties…