Arbitration in the Light of Constitutional Standards

The subject of this research is arbitration, which is an alternative system for resolving commercial disputes, distinct from state courts. A characteristic feature of arbitration is the possibility for the parties themselves to choose the judges (arbitrators) ruling on the case. A judgment issued by an arbitral tribunal can be recognised by the state and enforced on the same principles as a judgment of a state court. Arbitration allows for the acceleration of dispute resolution and makes the proceedings themselves more flexible, i.e., adapted to the needs of a specific case. The project focuses on the analysis of arbitration in the light of constitutional standards. Constitutional issues in the field of arbitration, despite their fundamental nature, have not yet received comprehensive analysis in Polish legal scholarship. Meanwhile, they constitute one of the most topical issues raised in recent years in foreign scholarship. For this reason, undertaking this topic will allow for supplementing the indicated disparities between Polish scholarship and international discourse. Firstly, this project aims to determine the constitutional basis of arbitration. In this regard, it will be considered whether arbitral tribunals exercise justice in the constitutional sense and whether parties to an arbitration agreement exercise their inalienable right to a court before a private tribunal. Secondly, the research aims to specify what conditions must be met by proceedings before an arbitral tribunal and by a judgment issued by such a tribunal, in order to preserve the constitutional rights and freedoms of individuals. This primarily concerns ensuring parties to arbitral proceedings a fair process in which impartial and independent arbitrators will rule. Furthermore, arbitral awards must be consistent with citizens' rights guaranteed by the constitution-maker, such as, for example, the freedom to conduct business activity. Arbitral awards that have been issued in violation of constitutional norms cannot be honoured by the state. They are subject to annulment as a result of an examination of their compliance with the fundamental principles of the legal order of the Republic of Poland, which also include standards derived from the Constitution. Such an examination takes place in proceedings initiated by the parties themselves before a common court. The annulment of an arbitral award is tantamount to its elimination from legal circulation. Moreover, a violation of Polish constitutional standards may also lead to a refusal to recognise or enforce a foreign arbitral award. The project will employ as many as five research methods (critical, historical, dogmatic, empirical, and comparative law methods), which will allow for a comprehensive and multifaceted approach to the subject. The introduction of comparative law research into the project deserves special emphasis. Constitutional standards and solutions concerning arbitration are characterised by significant universalism. For this reason, it will be not only possible but also very valuable to verify the relationship of arbitration with constitutional standards existing in countries that are exemplary arbitration systems: England, the United States, Austria, and Germany. Particularly helpful in this regard will be research conducted by me at the London School of Economics and Political Science, under the supervision of Professor Jan Kleinheisterkamp, head of the international research group Transnational Law Project.