Arbitraż handlowy w oczach użytkowników – wyniki badań bezpośrednich
Journal Title: ADR. Arbitraż i Mediacja - Year 2017, Vol 1, Issue 37
Abstract
The present article presents results of the research study conducted between 2015 and 2016 under the name “Commercial arbitration in practice. Experience of the largest companies operating on the Polish market”. The study was predominantly based on an online survey addressed to users of arbitration: representatives of businesses and external legal advisors. The main goal of the study was to examine the perception of arbitration and experiences of the respondents. The survey was completed by 103 respondents, among which 62% were outside legal advisors. Although not all-embracing, the study does indicate certain patterns in the opinions of the users, which allow to draw several conclusions. The results might, therefore, constitute a source of inspiration for improving best practices of arbitration. Inferences might in particular be drawn with respect to the desired conduct of arbitrators. The study shows that the majority of users prefer an active arbitrator who dynamically manages the proceedings and additionally, from its own motion, seeks to investigate facts of the case and legal issues arising therein (“inquisitorial style”). This is usually not seen as an infringement of the adversarial nature of arbitration proceedings. With respect to the qualities of the arbitrator, users foremost underlined that the arbitrator should be experienced in the relevant field of trade or industry. Interestingly, when asked about the preferred conduct of the party-nominated arbitrators, the users were split almost equally as to whether they should act in the exact same manner as the presiding arbitrator (47%), or that their role is to make sure that the position of the party who nominated them was duly considered and understood by the tribunal (52%). A disturbing finding of the study is that as much as 19% of the respondents indicated that in most arbitration cases they dealt with, at least one of the arbitrators acted partially.
Authors and Affiliations
Maciej Zachariasiewicz, Jolanta Zrałek, Jacek Zrałek
Keywords
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