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

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

Characterization of patients with pulmonary arterial hypertension : data from the polish registry of pulmonary hypertension (BNP-PL)

Current knowledge of pulmonary arterial hypertension (PAH) epidemiology is based mainly on data from Western populations, and therefore we aimed to characterize a large group of Caucasian PAH adults of Central-Eastern European origin. We analyzed data of incident and prevalent PAH adults enrolled in a prospective national registry involving all Polish PAH centers. The estimated prevalence and annual incidence of PAH were 30.8/mln adults and 5.2/mln adults, respectively and they were the highest in females ≥65 years old. The most frequent type of PAH was idiopathic (n = 444; 46%) followed by PAH associated with congenital heart diseases (CHD-PAH, n = 356; 36.7%), and PAH associated with connective tissue disease (CTD-PAH, n = 132; 13.6%). At enrollment, most incident cases (71.9%) were at intermediate mortality risk and the prevalent cases had most of their risk factors in the intermediate or high risk range. The use of triple combination therapy was rare (4.7%). A high prevalence of PAH among older population confirms the changing demographics of PAH found in the Western countries. In contrast, we found: a female predominance across all age groups, a high proportion of patients with CHD-PAH as compared to patients with CTD-PAH and a low use of triple combination therapy

The Legal Character of Complaint against the Decision of the President of the Office of Competition and Consumer Protection in the Light of the Code of Civil Procedure

Niniejszy artykuł dotyczy problematyki charakteru prawnego zażalenia na postanowienia Prezesa Urzędu Ochrony Konkurencji i Konsumentów. Jest to ważna problematyka i istotna z punktu widzenia postępowania cywilnego. Uwagi autora koncentrują się na ocenie, czy zażalenie to ma charakter środka zaskarżenia czy też powództwa. Ocena autora zmierza w kierunku, iż zażalenie na postanowienie Prezesa Urzędu Ochrony Konkurencji i Konsumentów jest zbliżone do powództwa jako środka ochrony prawnej.This article concerns the legal character of appeals against the orders of the President of the Office of Competition and Consumer Protection. This is an important issues and important from the point of view of Civil Procedure. Author’s Note focused on assessing whether the complaint is in the nature of an appeal or complaint. Rating author moving in the direction that the appeal against the decision of the President of the Office of Competition and Consumer Protection is close to the action as a means of legal protection

Temporary injunctions in corporate disputes based on the example of cases challenging or invalidating corporate resolutions and cases to exclude a company's shareholder

This paper refers to the problem of securing claims in corporate disputes. The analysis covers issues which arise in cases to challenge company's resolutions, to render certain resolutions invalid or to exclude a company's shareholder. These issues are ambiguously assessed by the judiciary and legal doctrine. This paper aims to deal with all questions connected with temporary injunctions in disputes within companies, considering judgments given by the Polish Supreme Court and views of the doctrine of law

Arbitration as an instrument of support for business transactions

Aim: The article is concerned with the issues relating to arbitration in terms of the development of economy and entrepreneurship. The history of arbitration dates back to ancient times and many of its characteristic features continue to be reflected in the contemporary legal instruments.. The New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards should be distinguished here, along with the European Convention on International Commercial Arbitration. In the context of national arbitration, legal regulations laid down in  statute provide the main source. Attention should be drawn, in particular,  to speed as one of its key assets.., In terms of the cost of proceedings, arbitration is less expensive than a court process. The costs of arbitral proceedings appear to be clearly lower than those incurred in the state court proceedings. Another advantage stems from the possibility to design an arbitral procedure. The process of designing the arbitral procedure may proceed according to the arrangement made by the parties themselves. They can decide on the choice of law, arbitrators, their competences and method of conducting a proceeding. This division depends on a number of factors. In the light of the Polish Code of Civil Procedure this division exists only with regard to arbitral awards. The arbitral award is considered to be foreign when it is issued outside Poland. Arbitration resolves disputes which arise between entities participating in business transactions. This function is of relevance from the perspective of the contemporary economic development. Based on the analysis conducted in the paper, the author takes the view that arbitration is of crucial importance to the economic development. A quick dispute resolution has the effect that entrepreneurs show interest in this form of resolving their conflicts. For business transactions, it is paramount to have a prompt dispute resolution between entrepreneurs.. Design / Research methods: The interpretation of the impact of arbitration on business transactions was conducted employing historical and dogmatic method. The phenomenon of arbitration has been explained as an alternative form which exists next to mediation proceedings. Conclusions / findings: The studies allow the author to advance a thesis that, apart from the usual economic mechanisms, the mechanisms contributing to the resolution of disputes arising between entrepreneurs ensure the proper functioning of the economy as well. One of such mechanisms is precisely the arbitral tribunal. Unlike common courts, it is a more effective instrument in the hands of entrepreneurs.Originality / value of the article: This article is an example where the links between law and economy are discussed. The economic phenomena have so far been explored solely from the perspective of economics. In this paper, I attempted to show that legal institutions like arbitration in fact serve economic aims. In this sense it is a new approach to the question of business transactions. It can also be evaluated through the prism of economic analysis of law and institutions embedded in law. The topic discussed in the paper is merely a piece of a much broader issue which would require a more in-depth examination. I limit myself only to a certain aspect, yet those issues could be developed into a monograph

Kilka uwag na temat dopuszczalności zawarcia ugody arbitrażowej i jej natury prawnej

SOME REMARKS ON THE ADMISSIBILITYOF THE ARBITRATION AGREEMENT AND ITS LEGAL NATUREThis article relates to the issue of consent decree, which is made in proceedings in a court of conciliation. The article considers the situations where it is possible to make a consent decree, however it also profoundly analyses the legal nature of this question and its effects. The article concerns the problems connected with modification of a consent decree into an arbitration award as well. A consent decree exemplifies one of the methods of deciding cases in a court of conciliation.SOME REMARKS ON THE ADMISSIBILITYOF THE ARBITRATION AGREEMENT AND ITS LEGAL NATUREThis article relates to the issue of consent decree, which is made in proceedings in a court of conciliation. The article considers the situations where it is possible to make a consent decree, however it also profoundly analyses the legal nature of this question and its effects. The article concerns the problems connected with modification of a consent decree into an arbitration award as well. A consent decree exemplifies one of the methods of deciding cases in a court of conciliation

Dowód z dokumentu tradycyjnego (papierowego) a dowód z dokumentu elektronicznego. Problem odrębności czy tożsamości środków dowodowych. Postulaty „de lege lata” i „de lege ferenda”

The article deals with the issue of the use of evidence in civil proceedings. It refers to the issue of paper evidence and electronic evidence. The concept of evidence is not regulated by the Code of Civil Procedure. It is, in contrast, found in the Civil Code. The study clarifies many issues related to the use of electronic evidence in civil trials. It presents the views of the doctrine and the position of the courts.Artykuł dotyczy problematyki stosowania dowodów w procesie cywilnym. Odnosi się on do zagadnienia dowodów papierowych i elektronicznych. W kodeksie postępowania cywilnego pojęcie dowodu nie zostało uregulowane. Natomiast znajduje się ono w kodeksie cywilnym. Opracowanie wyjaśnia wiele kwestii związanych ze stosowaniem dowodów elektronicznych w procesie cywilnym. Przedstawia poglądy doktryny oraz stanowisko sądów