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Adjudication on principles of equity in the proceedings before the arbitral tribunal in the Polish law compared to other legal systems

2019; Issue: 12 Linguagem: Inglês

2386-5229

Karol Ryszkowski,

Conflict of Laws and Jurisdiction

Every lawyer knows Latin maxim “ Summum ius summa iniuria ”. You can pass an arbitral award that is consistent with the law, but it is unfair. This article aims to attempt to define the institution of adjudicating on the basis of equity in arbitration proceedings. Moreover, it presents the historical outline of this situation in the world, and in Poland, as well as assessment of the current concepts concerning this matter in the Polish Civil Procedure Code.