General Principles of Law and Equity as a Basis for Decision-Making in Arbitration
General Principles of Law and Equity as a Basis for Decision-Making in Arbitration
Author(s): Łukasz Błaszczak, Joanna KolberSubject(s): Law, Constitution, Jurisprudence
Published by: Wydawnictwo Naukowe Uniwersytetu Mikołaja Kopernika
Keywords: basis for decision-making; amiable composition; equity; general principles of law; lex mercatoria; party autonomy
Summary/Abstract: The present article discusses the bases for decision-making with particular focus on general principles of law and equity. The article draws the distinction between general principles of law, principles of equity, amiable composition, and lex mercatoria, and suggests possible difficulties regarding annulment and enforcement of arbitral awards. The article addresses primarily Polish law, but refers also to foreign legal systems and arbitral case-law.
Journal: Comparative Law Review
- Issue Year: 15/2013
- Issue No: 1
- Page Range: 189-208
- Page Count: 20
- Language: English