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

Authors

  • Łukasz Błaszczak University of Wrocław, Faculty of Law, Administration and Economy
  • Joanna Kolber Attorney at law, Strelia, Brussels

DOI:

https://doi.org/10.12775/CLR.2013.010

Keywords

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

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.
Comparative Law Review

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Published

2013-10-24

How to Cite

1.
BŁASZCZAK, Łukasz and KOLBER, Joanna. General Principles of Law and Equity as a Basis for Decision-Making in Arbitration. Comparative Law Review. Online. 24 October 2013. Vol. 15, pp. 189-208. [Accessed 6 July 2025]. DOI 10.12775/CLR.2013.010.

Issue

Vol. 15 (2013)

Section

Studies and articles

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