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Uwarunkowania międzynarodowe i europejskie arbitrażu elektronicznego

100%
Ziemblicki B.
Przegląd Prawa i Administracji
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2015
|
vol. 103
289-299
EN
In amodern world more and more aspects of social life move to the internet. The natural consequence of this trend is that online dispute resolution is also gaining interest, especially in e-commerce. The question to be answered is whether international or European law raises barriers to resolve disputes by means of electronic arbitration. Neither the New York Convention of 1958 nor the European Convention on International Commercial Arbitration of 1961 prohibit arbitration clause to be signed by electronic means. Neither excludes dispute resolution in electronic procedure or produces any limits in this regard. Neither prevents adecision made in electronic arbitration from being recognised by state courts. Both the United Nations and the European Union undertook legislative works to sanction and regulate electronic arbitration. In case of the UN it is the UNCITRAL Working Group 3 which has been appointed to prepare acomplex procedure of online dispute resolution. It is difficult to estimate what the final shape of the procedure would look like and when it is to be ready. In case of the European Union the focus is on consumer arbitration, which should be in service in 2016. In both cases arbitration is limited to e-commerce.
2

Going Online - is the World Ready to Replace Litigation with Online Dispute Resolution Mechanisms?

100%
Ziemblicki B.
Wroclaw Review of Law, Administration & Economics
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2015
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vol. 5
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issue 2
40-51
3

Some thoughts on the axiology and constitutionalization of the world trade organization

100%
Ziemblicki B.
Wroclaw Review of Law, Administration & Economics
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2011
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vol. 1
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issue 1
51-66
4

International trade measures as an alternative to sanctions serving human rights protection in external relations

100%
Ziemblicki B.
Wroclaw Review of Law, Administration & Economics
|
2012
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vol. 2
|
issue 2
29-44
5
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Współczesne rozumienie pojęcia międzynarodowego prawa gospodarczego

100%
Ziemblicki B.
Studia Prawnicze
|
2014
|
issue 1 (197)
181-194
EN
There are different views in the literature on the meaning of the term international economic law. In author’s opinion it encompasses regulations, which at the same time: are considered law (even soft-law), regulate relations with international element and regulate economic activity. Such laws do not necessarily have to originate from the sources of international law. In this understanding international economic law is a broader term than public international law and private international law in an economic area. The same is true for unpopular in Poland international business law. On the other hand transnational economic law, as understood by Jessup, should be considered equivalent to international economic law. Since international economic law is vast in terms of subjects, sources and norms, it is reasonable to divide it for academic reasons into public international economic law and private international economic law. Both subsections can be further divided. For instance public international economic law would embrace public international trade law, public international financial and monetary law, public international investment law and public international development law.
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