Kolizja postępowań przed sądem państwowym i polubownym : uwagi na tle europejskich uregulowań procesowych

Abstract

The text deals with the highly controversial problem of the interface between state proceedings and the more party autonomy — oriented field of arbitration. First, the current legislative situation is presented, especially the relationship between uniform acts such as Brussels I and the New York Convention on Arbitration of 1958. Specifically, the author deals with the extent of the exclusion of arbitration laid down in art. 1 S. 2 d) of Brussels I Regulation. The question is being raised whether a state court is competent under the Regulation to assess the validity of an arbitration agreement, and, the clause being declared null and void, to judge on the merits within the Regulation framework. A discussion follows on problems arising as to the influence state courts are entitled to exercise on other proceedings in order to “protect” arbitration taking place in their own country, e.g. in the form of anti‑ suit injunctions. Finally, there follows a discussion of possible solutions on EU level to deal with the presented problems, especially, whether amendments should be made to Brussels I to make the system work more effectively without hampering the development of arbitration on our continent.