PLMET:

click here to follow the link

Creator:

Lichoń, Kamila

Abstract:

This article analyses the principle of equality of the parties to the proceedings. Bearing in mind the form of Alternative Dispute Resolution methods, the discussion of this principle becomes particularly important. ADR has an informal and flexible procedure, in which the will of the parties determines the choice of the rules applied in (civil) proceedings. The principle of equality of the parties to the proceedings has been identified only in the regulations of courts of arbitration in Art. 1183 of the Code of Civil Procedure, which is the provision that has been made mandatory by the legislator. This principle has not been determined in any other provision of the Act. Despite that, there are no doubts as to the treatment of the principle of equality as the fundamental principle of civil procedure. The article also indicates the currently prevailing particular interest of the European Union with respect to the application of ADR for resolving consumer disputes. Bearing in mind the indicated facts, the article discusses the issues that relate to the application of other principles of civil procedure in proceedings before the court of arbitration and their mutual relationship with respect to the principle of equality and the participation of the consumer in arbitration proceedings. As a result the issue addressed in the article (the principle of equality of the parties to the proceedings) relates to an issue important for the civil procedure and the consumer protection – dispute resolution using a different form than the classic court trial. The article also indicates the Directive concerning extra-judicial settlement of consumer disputes, which is to be implemented into the Polish system in the second half of 2014 (Brussels, 29.11.2011, COM (2011) 793 final 2011/0373 (COD)). Conducting the research in the subject of equality, the article also discusses the abusive clause (Art. 385 with index 1, point 23) and the system of preclusion, which are the significant elements in settling consumer disputes. Additionally, with reference to arbitration courts, this article includes references to the mediation procedure and the proceedings before common courts of law in order to better depict the structure of arbitration itself – which is required for the analysis of the principle of equality applicable in arbitration proceedings. To sum up, the article addresses an important issue for pursuing claims in proceedings (especially by consumers – treated as the weaker party to a dispute with the trader) and indicates the influence of the principle of equality on the whole proceeding before the court of arbitration.

Place of publishing:

Wrocław

Publisher:

E-Wydawnictwo. Prawnicza i Ekonomiczna Biblioteka Cyfrowa. Wydział Prawa, Administracji i Ekonomii Uniwersytetu Wrocławskiego

Contributor:

Górnicki, Leonard. Red.

Date issued:

2013

Resource Type:

journal

Format:

application/pdf

Identifier:

oai:bibliotekacyfrowa.pl:42788 ; ISSN 2299-8322

Language:

pol ; eng

WUL Catalog:

click here to follow the link

Is referenced by:

www.fiw.prawo.uni.wroc.pl

Is replaced by:

Folia Iuridica Universitatis Wratislaviensis

Access rights:

Rules of usage of Digital Library of Wroclaw University

License:

click here to follow the link

Rights holder:

© Copyright by Kamila Lichoń

Location of original object:

Library of the Faculty of Law, Administration and Economics