Through the Looking Glass: What a Comparison with the New Polish Legal Framework of Arbitration Reveals about the U.S. Legal Framework of Arbitration


In Poland, domestic and international arbitrations are regulated by the Civil Procedure Code. A completely new set of regulations concerning arbitration went into effect in October, 2005. A comparison of the Polish and American legal frameworks of arbitration reveals many similarities and a few key differences. The differences involve the powers of arbitrators to decide upon their own jurisdiction, the arbitrability of employment disputes and the consequences of failure to consider applicable national law. Comparing how similar cases would be resolved under the new Polish standards and U.S. standards raises the question of how U.S. standards evolved and whether they are truly the most desirable and practical. Ultimately, the author concludes that Congress should ammend the Federal Arbitration Act to eliminate certain troublesome ambiguities.


Comparative and Foreign Law

Date of this Version

September 2006