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

Łukasz Błaszczak | Zendy; Joanna Kolber | Zendy

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

Author(s) -

Łukasz Błaszczak,

Joanna Kolber

Publication year - 2013

Publication title -

comparative law review

Language(s) - English

Resource type - Journals

SCImago Journal Rank - 0.102

H-Index - 1

eISSN - 2391-7644

pISSN - 0866-9449

DOI - 10.12775/clr.2013.010

Subject(s) - annulment , arbitration , equity (law) , law , political science , enforcement , law and economics , substantive law , economics

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.

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