Arbitration as a successful method of resolving disputes in the Polish energy sector: Implications for managers

Abstract

The main purpose of the article is to evaluate the possibility of using alternative dispute resolution (ADR) methods in resolving investment disputes in the energy sector. The basic method is the analysis of the literature on the subject, laws regarding the use of ADR methods and their interpretation presented by representatives of the doctrine. The article consists of two main parts. The first presents the characteristics of ADR methods: negotiations, mediation, conciliation, arbitration and mixed methods. The second part analyses in depth the selected ADR method—arbitration—based on the literature on the subject and comments from representatives of the doctrine and attempts to justify the claim that arbitration is a beneficial method of dispute resolution in the energy sector. Through the analysis of laws and subject literature, potential advantages and disadvantages of using ADR methods in resolving investment disputes in the energy sector are indicated. The authors take the view that combining the positive aspects of a court with the advantages of ADR supports arbitration as a method of resolving investment disputes in the energy sector. However, an unambiguous assessment will only be possible after conducting future research in the form of multiple case studies, which will allow for the empirical verification of the propositions identified during the literature review on the subject. Because of the specificity and importance of the energy sector, the dispute resolution method used in that sector should predominantly be investment arbitration; however, in certain situations (depending on the legal form and ownership structure of the entity represented by the manager), commercial arbitration may also be used in the discussed sector.

Keywords

• company law
• commercial arbitration
• investment arbitration
• contract law
• investment disputes