30 October 2017

The book on arbitration forms a basis for Jemielniak's habilitation

Joanna Jemielniak’s monograph Legal Interpretation in International Commercial Arbitration  (Routledge) has been appreciated by the reviewers.

The monograph has recently served as a basis for Joanna Jemielniak’s habilitation in juridical sciences. The habilitation procedure was conducted under the auspices of the Central Commission for Academic Degrees and Titles in Poland. It was successfully concluded on October 19, 2017 before the Council of the Faculty of Law and Administration, University of Lodz.

The book fills a gap in legal academic study and practice in international commercial arbitration by offering an in-depth analysis of legal interpretation. It examines institutional and structural features of ad hoc and administered arbitration, which affect processes of legal interpretation. It also explores functional aspects of legal interpretation in arbitral discourse, focusing on interpretative standards, methods and considerations in decision-making.

From the publishing reviews of the monograph:

’It is impossible to fully understand the nature of legal interpretation in arbitration without taking into account the context in which arbitrators operate, including their legal training, and the panoply of legal traditions they are faced with. This book successfully incorporates these elements into analysis, which makes it a truly valuable contribution to the discussion about the subject.’

Marek Safjan, Judge at the Court of Justice of the European Union, and former President of the Constitutional Tribunal of the Republic of Poland; Professor, University of Warsaw.

’This book combines academic thinking and practical insight. This combination is particularly powerful in the section on the comparative method where the book provides guidance for different ways to use comparative analysis which has become part of the advocacy tool kit in international commercial arbitration. The role of comparative analysis is explained for different theoretical representations of international commercial arbitration (as an emanation of national, pluralistic or autonomous legal order). I recommend this book to legal scholars as well as practising lawyers.’

Anton K. Schnyder, Professor, University of Zurich, Switzerland