Instytucja prawna konsultacji w Kompleksowej Umowie Gospodarczo-Handlowej (CETA)
Journal Title: ADR. Arbitraż i Mediacja - Year 2017, Vol 3, Issue 39
Abstract
The article delves into problems which aroused around a conclusion of CETA by the EU and Canada, which was formally signed by the officials of both parties on 30 October 2016. There were numerous objections regarding the final wording of the agreement, particularly stem from dispute resolution methods. The characteristics of this issue prompt desired contemplations upon Chapter 2, Section B, entitled “Consultations and Mediations”. Not yet broadly commented consultations issue as an alternative dispute resolution is fundamental for proper perception of international law. For parties of such treaties a possibility to solve a dispute consensually, but in the least formal manner, plays a principal role unless mutual interests are under a threat. In consequence in order to attain a whole spectrum of this matter the following facets have been adumbrated – general provisions, specific provisions with annexes to the agreement as well as a remainder of international agreements to which the Parties refer therein. These elements had to be analyzed altogether. A concluding part comprises a proper assessment of the Consultations in CETA.
Authors and Affiliations
Damian Dobosz
Keywords
Related Articles
- EP ID EP324520
- DOI -
- Views 54
- Downloads 0
Zagadnienia dotyczące znaczenia zaświadczenia wojewódzkiej komisji ds. orzekania o zdarzeniach medycznych w systemie polskiego prawa cywilnego
This article is about certain issues of “medical occurrences” in Polish law. The Patient’s Rights and the Commissioner for the Patient’s Rights Act amendment in 2012 introduced some strange regulations to Polish Civil an...
Anti-suit injunctions wydawane przez sądy polubowne
This article considers anti-suit injunction issued by arbitral tribunals as a method of securing their jurisdiction and arbitration agreement. Firstly, it discusses the arbitral tribunal’s authority to grant an anti-suit...
Wpływ klauzuli integralności (merger) na zapis na sąd polubowny
This paper addresses the question whether the so called integration clause should influence the binding effect of the arbitration clause. An integration clause is a provision in a written contract stating that the contra...
Udział Rzecznika Praw Obywatelskich w procesie cywilnym
In every country all citizens are entitled to a number of citizen rights. In order to protect those, it is necessary to establish a suitable institution whose mission will be to guard those rights and their execution. Th...
Glosa do postanowienia Sądu Najwyższego z 16.10.2014 r.
This article refers mainly to the issue of discontinuance of the proceedings for the exclusion of an arbitrator on the grounds of a previously issued award. The Supreme Court has held that the award does not in itself in...