Articles

Some remarks on the competence dispute between Sejm of the Republic of Poland and Supreme Court, and between President of the Republic of Poland and Supreme Court

Possibility of arbitration tribunal examining the defence of set-off

The purpose of this article is to review the issue of the set-off defence in arbitra-tion. While it is generally accepted that the defence of set-off is not intended to be a means of asserting a disputed claim, in practice it is often used for that purpose. Consequently, the claim presented for set-off must be covered by the arbitration clause in order for the tribunal to have jurisdiction to examine the set-off defence. Otherwise, an award made in such a case can be set aside as having been made on a matter not covered by the arbitration agreement.