Marcin Menkes, 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, Arbitration Proceedings, Investment Arbitration, Netherlands draft model BIT

Commensalism in International Investment Arbitration: The Rule of Law and CSR in the New Dutch Model BIT

Marcin Menkes (Queritius)/December 30, 2018December 30, 2018 /Leave a comment

Commensalism of IIL Critique While the popular criticism of investment arbitration provides fertile ground for the academic proposals for ISDS reform, the latter hardly shape the development of (investment) law and even less so, its popular perception. Reform proposals are usually firmly grounded in positive law, and as such they are inherently constrained. Alternatively, general…