Rys historyczny klauzuli porządku publicznego w arbitrażu handlowym w prawie polskim do okresu PRL włącznie
Historical Outline of the Public Policy Clause in the Commercial Arbitration in Polish Law up to the PRL Period

Summary/Abstract: The public policy clause is inherently related to arbitration. The opinion was expressed that arbitration, and thus a public policy clause, is as old as humanity and much older than state courts. This institution already exists in ancient legal languages. The beginning of scientific reflection on the public policy clause is related with the beginnings of private international law. It should be noted that there is currently no consensus on the concept and content of the public policy clause in commercial arbitration. The lack of a uniform understanding of this institution exists not only in Poland but also in general. A historical interpretation will prove to be very useful to determine the concept and content of this institution, because without the understanding of the roots of this institution’s functions there is not possibility to understand its current functions in the commercial arbitration.

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