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Uznanie i stwierdzenie wykonalności zagranicznych orzeczeń arbitrażowych w świetle art. 1215 k.p.c. oraz konwencji nowojorskiej. Wybrane zagadnienia

100%
Błaszczak Ł.
Opolskie Studia Administracyjno-Prawne
|
2014
|
vol. XII
|
issue 2
25-38
EN
This study addresses the issue of recognition and enforceability of foreign arbitral awards, both from the point of view of regulation by national law and the New York Convention. The analysis is based on the provision of Article 1215 k.p.c. and by Article V of the New York Convention. Considerations in the context of this study have been subjected to the reasons for refusal of recognition or enforcement of an arbitration finding. At the same time drew attention also to the relationship between Article 1215 k.p.c. and the New York Convention of 1958. In addition, attention was paid to the question of what the formal requirements must be met in order to be properly filed application to the court of public recognition or enforcement of an arbitration.
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Issues of awards given as a part of social arbitration in a collective dispute. De lege lata and de lege ferenda remarks

88%
Jarota M.
Review of European and Comparative Law
|
2022
|
vol. 48
|
issue 1
7-28
PL
Social arbitration as the third method of resolution of collective disputes can be used to resolve a dispute in an amicable manner. Thanks to this method, parties to the collective dispute can end their conflict thanks to the arbitration award with no need to go on strike. The author analyses the legal nature of arbitration awards and presents consequences of the related labour law legislation. The conclusion is as follows: current legal regulations are in need of change, especially when it comes to the execution, amendment and supplementation of an award issues as a part of social arbitration with the involvement of trade unions, employers or their organisations.
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