PROCEDURE | According to entrepreneurs, the biggest difference between arbitration and dispute resolution in front of common courts is the pace of the proceeding.
Arbitration attracts entrepreneurs who hope to resolve a dispute in a fast and efficient way. In some situations, it is of paramount importance to them. This is, for example, the case when entrepreneurs cooperate with each other on daily basis or jointly realise a project. Also, when one of them is in danger of having to pay a contractual penalty for each day of default and the dispute prevents them from fulfilling a contract, i.e. a supplier suspends the delivery of materials necessary for production, which prevents a manufacturer form performing the work.
Is arbitration, indeed, a faster way of dispute resolution? How can entrepreneurs themselves influence the pace of the proceeding?
Author: Karolina Pasko, lawyer at FKA Furtek Komosa Aleksandrowicz
Source: Rzeczpospolita
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Rzeczpospolita