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


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.


International arbitration, Arbitration & award -- United States, Arbitration & award, Comparative law, Arbitration & award -- Poland



Adam J. Sulkowski (University of Massachusetts)



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