Humanities and Social Sciences

Prawo Morskie

Content

Prawo Morskie | 2023 | No XLV

Authors and Affiliations

Dorota Pyć
ORCID: ORCID
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Abstract

Arbitration is based on the autonomy of the parties. In international arbitration, within the scope of the autonomy of will granted to the parties, they have the opportunity to choose, first of all, the place of arbitration in a given country, they can determine the applicable law of arbitration and contracts, as well as the procedure according to which the proceedings will be conducted. This article presents selected issues regarding arbitration based on the autonomy of the parties.
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Authors and Affiliations

Maria Dragun-Gertner
1

  1. prof. Uniwersytetu WSB Merito
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Abstract

Arbitration serves to search for optimal methods of resolving disputes. The use of amicable methods of resolving disputes dates back to ancient times. Nowadays, arbitration courts face many challenges. The aim of the article is to present selected problems that arbitration courts have to deal with from a historical, current perspective and the prospects for their development, while also identifying threats and challenges for arbitration.
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Authors and Affiliations

Zbigniew Jaś
1

  1. Prezes Międzynarodowego Sądu Arbitrażowego przy Krajowej Izbie Gospo-darki Morskiej w Gdyni
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Abstract

Artificial intelligence (AI) influences changes in arbitration by improving its effectiveness, including the decision-making process. One of the most significant applications of artificial intelligence in maritime arbitration is the use of machine learning algorithms to predict case outcomes. By analyzing vast amounts of historical data, AI provides actionable compilations and forecasts, enabling to make more informed decisions. Artificial intelligence systems (AI systems) used in arbitration can also be analyzed as high-risk systems. Automation and legal technology tools are characterized by the ability to learn and evolve with each implementation. In the future, advanced applications of automated AI systems in arbitration could involve the use of an ‘AI instructor’. This paper presents selected issues related to the use of AI in arbitration, including in maritime arbitration, with particular emphasis on ethics and social responsibility in terms of further development of AI.
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Authors and Affiliations

Dorota Pyć
1
ORCID: ORCID

  1. prof. UG, kierownik Katedry Prawa Morskiego, Wydział Prawa i Administracji Uniwersytetu Gdańskiego
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Abstract

The legal position of the arbitrator is based on his independence from the parties to the arbitration proceedings and his impartiality. The basis for appointing an arbitrator is the arbitration agreement concluded between the parties. This article presents selected issues related to the qualifications of arbitrators, the method of their appointment, the status of an arbitrator, civil liability of arbitrators aa well as arbitration secrecy.
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Authors and Affiliations

Bartosz Biechowski
1

  1. radca prawny, arbiter Międzynarodowego Sądu Arbitrażowego przy Krajowej Izbie Gospodarki Morskiej w Gdyni
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Abstract

Arbitration proceedings are usually characterized by greater freedom, informality and adoption of rules chosen by the parties. The rules of international arbitration institutions contain short, although comprehensive regulations, containing an average of 40 paragraphs of text. But what to do when war breaks into otherwise peaceful arbitration proceedings? The experience of war has been and has been spared our lawyers for approximately 80 years. But what should we do with international arbi-tration if we are an arbitrator in a dispute taking place in one of the belligerent states? The author will try to give some advice based on his own experience acquired since the outbreak of hostilities involving three of our neighbors: Belarus, Russia, and Ukraine.
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Authors and Affiliations

Piotr Nowaczyk
1

  1. międzynarodowy arbiter
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Abstract

Niniejsze opracowanie ma na celu opisanie promocji polskiej gospodarki morskiej przez pryzmat współpracy podmiotów polskich z podmiotami z Czech, Słowacji i Węgier. Przedstawiono w nim zaangażowanie polskiej administracji publicznej i organizacji pozarządowych, w tym w szczególności Krajowej Izby Gospodarki Morskiej (KIGM) w tę współpracę. Opracowanie obejmuje okres od lat 90. ubiegłego wieku do czasów obecnych. W części poświęconej KIGM działania zostały ujęte w formie kalendarium. We wstępie przedstawiono zarys stosunków gospodarczych pomiędzy polskimi podmiotami, głównie portami morskimi a stroną czechosłowacką oraz Węgrami, natomiast po 1992 r. stroną czeską, słowacką oraz węgierską.
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Authors and Affiliations

Rafał Machowiak
1

  1. Sekretarz Generalny Krajowej Izby Gospodarki Morskiej, Sekretarz Międzynarodowego Sądu Arbitrażowego, prawnik

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Prawo Morskie (Maritime Law) - Guidelines for authors of scientific texts

1. All scientific texts, including (but not limited to) research articles and judicial commentaries (glossa), must include distinct introduction and conclusion sections.

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26. The bibliography should be standardized throughout the work according to the article/publication template.

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2. All supplementary materials should be accompanied by descriptions regarding their positioning within the column of text and base size, plus any framing guidelines, captions, titles, numbers. Figures and tables should be placed in the main text, close to the place where they are referenced, or on separate pages in numbered order, while indicating in the text the approximate location where they should appear. Please remember to make drawings according to the following guidelines:
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Template of the article intended for publication in Prawo Morskie (Maritime Law)

Publication Ethics Policy

Principles of publication ethics

The editors of Prawo Morskie (Maritime Law) strictly adhere to the principles of responsibility and ethics recommended by the Committee on Publication Ethics (COPE) for all parties involved in the publication process and take all possible measures against any abuse.


1. Responsibilities of the editorial staff

1.1 Principle of impartiality and fairness. Submitted scientific texts are evaluated on the basis of content only, without regard to race, gender, sexual orientation, religious beliefs, citizenship or political ideology.

1.2 Publication decisions. The Editor-in-Chief is responsible for deciding which of the submitted articles should be published. The decision to accept or reject a scientific text for publication is made by the Editor-in-Chief based on reviews assessing its content, originality, novelty, clarity and relevance to the scope of the journal. In making decisions, the Editor-in-Chief may consult the Scientific Council. The Editor-in-Chief is obliged to comply with applicable laws on defamation, copyright infringement and plagiarism, and to bear full responsibility for decisions regarding the publication of scientific texts.

1.3 Principle of confidentiality. The Editor-in-Chief and the Scientific Council must ensure that all materials submitted for publication remain confidential at the review stage. They must not disclose any information about the submitted manuscript to anyone other than the authors, reviewers, potential reviewers, other editorial advisors (e.g., translators), and the publisher.

1.4 Disclosure and conflict of interest. Unpublished articles, excerpts from articles, or materials contained therein may not be used by the editorial staff for their own research without written permission from the authors.

1.5 Maintaining the integrity of the scientific output. The editorial staff will guard the integrity of the published academic output, by issuing corrections, additions and references as necessary. At the same time, the editors will make every effort to detect any inappropriate research or publications. Plagiarism and works based on false data are unacceptable. The Editor-in-Chief should take appropriate action when there are ethical objections with respect to a submitted paper or published article. In justified cases, the editorial staff may publish corrections, clarifications, appeals and apologies.

1.6 Withdrawal of published articles. The Editor-in-Chief of the journal will consider retracting a published scientific text: if there is evidence indicating that the research results presented in it are untrustworthy, if it has been previously published elsewhere without proper reference, permission or justification (cases of redundant publication), if the work constitutes an act of plagiarism or is based on unethical research. The published retraction notice should be linked to the retracted scientific text (naming the title and authors in the title of the retraction), clearly identify the text being retracted, and indicate who is retracting it. Retraction notices should always include a justification for the retraction, stating the reason, in order to distinguish an unintentional error from misconduct. Retracted scientific texts will not be removed from printed copies of the journal or from electronic archives, but their retracted status will be indicated as clearly as possible.


2. Responsibilities of authors

2.1 Standards for publishing research results. Authors of articles presenting the results of original research should provide an accurate description of the work that was performed and an objective discussion of its significance. Baseline data should be accurately presented in the article. The article should provide enough details and references to allow others to verify the claims made. Any fabrication or presentation of false or inaccurate research results constitutes unethical behavior and will result in the rejection of the manuscript or the retraction of the published article.

2.2 Originality and plagiarism. Authors should ensure that they have written fully original papers, and if they have made any use of the work and/or words of others, this must be clearly marked with a citation. Plagiarism is not acceptable.

2.3 Multiple or simultaneous publications. Authors should not publish a manuscript describing the same research in more than one journal. However, in exceptional and justified cases, the editorial staff of Prawo Morskie (Maritime Law) will consider publishing a text that has already been published previous, provided that it was addressed to a different audience and in a different language.

2.4 Authorship. Works published in Prawo Morskie (Maritime Law) must be published under the names of individuals who are indeed their authors and responsible for their content. Any persons whose participation in the creation of the submitted work is negligible (for example, limited to the provision of research materials) may be mentioned in the acknowledgments, but must not be listed among the authors. In case of doubt, the editorial staff may for further clarification regarding the individual contributions to the creation of the paper made by the individual persons listed as authors. The authors should also disclose, in a footnote or in the acknowledgments, information about individuals and institutions that contributed to the work through substantive, material or financial contributions. The corresponding author submitting a paper for publication should make sure that only the relevant co-authors are listed in the paper and that they have all seen and approved the final version of the paper and agreed to submit it for publication. Cases of scientific dishonesty will be documented and disclosed.

2.5 Attribution of sources. Authors should take care to properly label the results of other researchers’ work. In view of this, they should cite any and all publications from which they drew information or ideas when writing their own scientific text.

2.6 Significant errors in published works. When an author discovers a significant error or inaccuracy in his own published work, it is his duty to immediately notify the editor or publisher of the journal and cooperate with the editor to retract or correct the text.


3. Responsibilities of reviewers

3.1 Contribution to editorial decisions. Scientific reviews assist the editorial staff in making editorial decisions and provide assistance to authors in improving their scientific texts.

3.2 Timeliness. Any reviewer who feels incompetent to review a paper submitted to him, or who knows that timely completion of the review will be impossible, should notify the editor thereof and withdraw from the review process.

3.3 Confidentiality. Each entire manuscript received for review is treated as a confidential document. It must not be shown to or discussed with anyone except the individuals so authorized by the Editor-in-Chief.

3.4 Objectivity standards. Reviews should be conducted objectively. Personal criticism targeted against the author(s) themselves is inappropriate. Reviewers should express their views clearly, by means of appropriate factual arguments.

3.5 Acknowledgment of sources. Any significant similarity between the reviewed work and any other published article or any duplication should be reported to the editor. Reviewers should identify any relevant published works that have not been duly cited by the authors.

3.6 Disclosure and conflict of interest. Information or ideas obtained through the review process must be treated as confidential and may not be used by the reviewer for personal gain. Reviewers should not undertake the evaluation of manuscripts which involve conflicts of interest arising from their own collaboration or other relationships with any author, private entities or institutions involved in the development of the scientific text. Authors have the right to address reviewer criticisms.

Peer-review Procedure

Review procedure:

1. All scientific texts, including research articles and judicial commentaries (glossa), submitted to the editors of Prawo Morskie (Maritime Law) are subject to a double-blind peer-review procedure.

2. Each scientific text is evaluated by independent experts in the relevant specialty.

3. The editors will make every effort to select reviewers who have no professional or private relationship with any author of the text under review.

4. Reviewers are required to provide an objective assessment of the submitted scientific text.

5. Reviewers are obliged to disclose any and all discovered irregularities, in particular any kind of plagiarism or self-plagiarism.

6. The review must be submitted in writing and must include a clear evaluation of the submitted scientific text.

7. Reviewers are asked to evaluate whether a scientific text is eligible for publication. This evaluation is made based on the following criteria:
- novelty of the topic addressed;
- consideration of the most recent literature on the subject; the use of appropriate methodology;
- and the text’s impact on the current state of research in the field of maritime law, the law of the sea, marine environmental law, or sustainable development and the socioeconomic environment.

8. Scientific texts referred for review are treated as confidential materials.

9. The identity of reviewers remains anonymous throughout the procedure.

10. The authors are obliged to participate in the review process, in particular to accommodate or respond to the suggested corrections, and to remedy any and all error brought to light.

11. In each printed volume of Prawo Morskie (Maritime Law) and on the website, the editors will publish a list of reviewers who collaborated with the journal in connection with a given volume.

Plagiarism Policy

The journal Prawo Morskie (Maritime Law) strictly adheres to the principles of scientific transparency and integrity.

We therefore will accept no forms of plagiarism, ghostwriting, or honorary authorship. In order to prevent such practices, relevant provisions have been included into the agreements signed with authors.

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