General Principles of Law and Equity as a Basis for Decision-Making in Arbitration

Łukasz Błaszczak, Joanna Kolber

DOI: http://dx.doi.org/10.12775/CLR.2013.010

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.

Keywords


basis for decision-making; amiable composition; equity; general principles of law; lex mercatoria; party autonomy

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