General Principles of Law and Equity as a Basis for Decision-Making in Arbitration
Keywordsbasis for decision-making, amiable composition, equity, general principles of law, lex mercatoria, party autonomy
AbstractThe 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.
How to Cite
BŁASZCZAK, Łukasz & KOLBER, Joanna. General Principles of Law and Equity as a Basis for Decision-Making in Arbitration. Comparative Law Review [online]. 24 October 2013, T. 15, s. 189–208. [accessed 18.1.2022]. DOI 10.12775/CLR.2013.010.
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