International Alternative Dispute Resolution Developments: IBA Guidelines - Chapter 9 - ADR and the Law - 21st Edition

Dana H. Freyer is a partner in the New York office of Skadden, Arps, Slate, Meagher & Flom LLP. Ms. Freyer heads the firm’s arbitration and alternative dispute resolution practice and is a member of the firm’s international arbitration practice group.

Julie Bédard is an associate Skadden’s New York office where she practices in transnational litigation and international commercial arbitration.

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Originally from ADR and the Law - 21st Edition

New International Alternative Dispute Resolution Legislation and Rules

Poland’s Code of Civil Procedure (Mediation Provisions)
POLAND’S CODE OF CIVIL PROCEDURE (MEDIATION PROVISIONS)

Art. 10 In any matters where reaching a settlement is possible, the court should attempt to resolve them amicably, regardless of the stage of the proceedings. In such cases, the parties may also enter into a settlement before a mediator.

Art. 98 § 1 A party that has lost its case is obliged to refund the other party, on demand, necessary costs incurred by that party related to its proper pursuit of rights or its proper defence (the costs of the proceedings). § 2 The necessary costs of the proceedings, which are conducted by the party on its own or by its attorney, not being an advocate or a legal adviser, comprise the incurred court fees, the costs of fares, incurred by the party or its attorney, and the equivalent of earnings lost due to appearance before the court. The amount of the costs of fares and the equivalent of earnings cannot exceed the salary of an advocate performing services in the seat of the court.

Table of Contents:

Chapter 9. International Alternative Dispute Resolution Developments: IBA Guidelines

Commentary
The Concept of Ethical Rules or the New IBA Guidelines on Conflicts of Interest in International Arbitration
Dana H. Freyer and Julie Bédard
The Role of Arbitrators as Settlement Facilitators
Jenny Power