Discussion on the availability of tribunal-ordered ex parte interim measures – comments from the Polish perspective
Journal Title: ADR. Arbitraż i Mediacja - Year 2016, Vol 4, Issue 36
Abstract
Starting from 17 October 2005 , parties to arbitral proceedings to which Polish law applies as lex arbitri may request the interim protection both before domestic courts and before the arbitral tribunal. The amendment to the Code of Civil Procedure (CCP) that entered into force on that date implemented article 17 of the 1985 UNCITRAL Model Law, thus authorising arbitral tribunals to order interim protection. Under the previous regulation it happened occasionally that arbitral tribunals granted interim relief. However, the tribunal’s interim orders were commonly considered non-binding. The party who was granted such interim protection could not effectively request the Polish judicial bodies to enforce the tribunal’s order.
Authors and Affiliations
Marcin Dziurda, Olga Górska
Keywords
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- EP ID EP181928
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