2015 10.12

Beata Gessel-Kalinowska vel Kalisz*

Evolution of Interim Measures as an Example of the Judicialisation of 21st Century International Commercial Arbitration.

1. Introduction

As Prof. Jerzy Rajski mentioned in his summary of the Diagnosis of Arbitration conference held in Warsaw in 2014, ‘[a]rbitration has developed. In recent years, we have been witnessing a dynamic development of arbitration, and this has to have an impact on regulations.

This development dynamic has certain properties which are intrinsic to, and already inherent in, modern arbitration, that is its professional nature, which naturally has to contribute to its increasing judicialisation [emphasis added]”.

Prof. Rajski was referring, in particular, to the form of arbitration regulations in this respect. Traditionally, from the 19th century onwards, arbitration regulations were included in the broader body of civil procedure codes. Prof. Rajski quoted the first arbitration regulation in European law, which dates back to 1896 and is to be found in the Italian code of civil procedure, which contained only five articles on arbitration and mediation.

Since then, a clear tendency towards regulating arbitration by way of separate arbitration laws has asserted itself, and countries which continue to follow the tradition of incorporating arbitration regulations into their codes of civil procedure are already in the minority.1

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