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This Winter has seen some major developments at Bird & Bird with the launch of four new offices in Central Europe; a global association agreement with Alban Tay Mahtani & de Silva LLP in Singapore; and a merger with Lane & Partners LLP in London.    These developments have broadened Bird & Bird's European and Asian reach, and significantly strengthened Bird & Bird's already well-established litigation and arbitration practices.  Whilst continuing to offer its broad range of existing services, Bird & Bird now also has leading construction, insurance and artwork expertise.   In this edition of En Garde, Kuba Ruiz, an associate in our Warsaw office provides a detailed feature on challenges to arbitral awards in Poland.  We have also provided arbitration updates and general updates for jurisdictions across Europe and Asia.    Finally, we have included a list of all of your key contacts across the different jurisdictions and a list of forthcoming events.  As always, if you would like to discuss any of the issues covered in this edition, would like further information about the full range of services we can offer or are interested in attending any of the events listed, please don't hesitate to contact me or one of your local contacts.   Best wishes Jane Player International Dispute Resolution Group
Feature article   Arbitration in Poland - the long and winding road to justice? Kuba Ruiz, Warsaw      A short history of arbitration in Poland   The advantages of arbitration were recognised in Poland as early as the 1930s, as modern arbitration bloomed throughout Europe.  The 1933 Code for Arbitration Courts stated at that time that: "[i]f state courts try cases in a lengthy manner, regardless of the fact whether because of unfit and outdated procedure or because there are too few judges or because litigation before the state court is too costly, then the parties are, in some measure, forced to avoid such state courts and to submit their disputes to arbitration courts." During World War II and in the period of Communist rule that followed, the role of arbitration in Poland became far less prominent. However, since the re-establishment of the free market economy in 1990, the number of commercial disputes has increased rapidly and consequently the demand for arbitration has become greater then ever. Arbitration has once again become "fashionable" in Poland, with many Polish enterprises (both state-owned and private) preferring to arbitrate rather than litigate.    Today, Polish arbitration law is based on the UNCITRAL model...  "Ultimately, parties to arbitral proceedings who receive an arbitral award can end up rehashing the dispute in slow and ineffective court litigation"   Click here to read more>>

Arbitration Updates

There is growing concern, both in Finland and in the wider international community, that arbitration is becoming more like litigation. Parties to arbitration are starting to use procedures which are more normally associated with litigation. For example, requests for disclosure are increasing, as are the number of challenges to final rendered awards.
- Kenneth Svartström, Helsinki

The Court of Arbitration of Madrid recently published its new Statutes and Rules. The reform is aimed at updating existing procedures and encouraging the use of the Court of Arbitration of Madrid by fulfilling the needs of international businesses.  
- Blas Piñar Guzmán, Madrid

Updates

A new Italian has postponed new provisions concerning class actions from coming into force in Italy until 30 June 2009.
- Edoardo Courir, Milan
 
The Law Commission has published its final Report on reforming the laws against bribery.  The aim of the Report is to set out a clear new direction for the regulation of the laws against bribery, by sweeping away the old patchwork approach of common law and statutory offences, and replacing them with legislation which deals with the two core issues of giving and taking bribes.  

- Peter Knight, London

Click here to view the full updates>>