文章基本信息

标题：Through the Looking Glass: What a Comparison with the New Polish Legal Framework of Arbitration Reveals About the U.S. Legal Framework of Arbitration
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作者：Sulkowski, Adam J.
期刊名称：Washington University Global Studies Law Review
印刷版ISSN：1546-6981
出版年度：2008
卷号：7
期号：1
页码：87-102
出版社：Washington University School of Law
摘要：Domestic and international arbitration in Poland is regulated by the Civil Procedure Code. In October of 2005, a new set of regulations went into effect that completely altered the Polish legal framework for arbitration. A comparison of this framework with that of the United States reveals several similarities and a few key differences. These differences involve the power of arbitrators to decide upon their own jurisdiction, the arbitrability of employment disputes and the consequences of an arbitrator's failure to consider applicable national law. A comparison of how similar cases would be resolved under new Polish standards versus U.S. standards raises the question of how U.S. standards evolved and whether they are truly the most desirable or practical. Ultimately, as a result of this comparison, the author concludes that Congress should amend the Federal Arbitration Act to eliminate certain troublesome ambiguities. Reprinted by permission of the publisher.
关键词：International arbitration; Arbitration & award -- United States; Arbitration & award; Comparative law; Arbitration & award -- Poland