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Article . 2023 . Peer-reviewed
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"Przymusowy arbitraż" - ambiwalentna konstrukcja czy odpowiedź na potrzeby złożonej rzeczywistości?

Authors: Święcicka, Paulina; Stus, Marek; Wyrwińska, Karolina;

"Przymusowy arbitraż" - ambiwalentna konstrukcja czy odpowiedź na potrzeby złożonej rzeczywistości?

Abstract

The aim of the article is to present the most important moments in a development of the institution of the compulsory arbitration, for which the starting point was and still is a voluntary arbitration. For this purpose the selected features of the institution of arbitration are discussed - the features which have appeared in the historical development of this institution, in order to discuss in detail the compulsory arbitration as a non-obvious exception of this institution, in particular on example of the Polish legal solutions concerning consumers and the clients of airlines. The introduction of this sort of arbitration has been decided by the legislator, probably in connection with the need to ensure a "better" protection of particular goods. The authors answer to the questions about the role of compulsory arbitration in the 21st century, especially in times of the current institutional crisis. Is it, in the opinion of the law-making authority, a kind of remedy for the weakness of traditional courtsand even the amicable proceedings? Or: Is it merely a more efficient way of an amical way of resolving conflicts? They ask about the purpose of the compulsory arbitration - a way of proceeding which "forced" the parties to seek of a resolution of a dispute in a certain, way as well as the very legal meaning of thus "coercion" of the parties to certain actions.

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Keywords

consumers’ law, ADR, ius commune, prawo rzymskie, Polish doctrine of the arbitral procedure, prawo lotnicze, polska doktryna dotyczycąca procedury arbitrażowej, aviation law, przymusowy arbitraż, arbitraż, compulsory arbitration, Roman law, prawo konsumenckie, arbitration

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
Green
Published in a Diamond OA journal