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