PROCEEDINGS l Just as they can appoint arbitrators, entrepreneurs may also determine the manner of their exclusion from the case.

In Polish courts, judgements are passed by judges, whose independence and impartiality stems from legal regulations. Judges do not conduct any other professional or business activity. This kind of restriction does not apply to arbitrators. However, in order to pass a fair verdict they should remain objective about the dispute and its parties. If the parties appoint an arbitrator who is a private person, active in his or her professional life, the verification of their independence and impartiality should be of pivotal importance.
Checking for a conflict of interest as well as the possibility to exclude an arbitrator are the mechanisms which should help in this verification. The exclusion results in the change in the composition of the arbitration panel – the place of the excluded arbitrator is taken by a replacement arbitrator.

Author: Karolina Pasko, lawyer at FKA Furtek Komosa Aleksandrowicz
Source: Rzeczpospolita

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