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Prof. dr hab. Rafał Blicharz
ORCID: 0000-0002-3826-519X

Graduate of the Faculty of Law and Administration at the University of Silesia. Graduated from English and European Union Law (Cambridge University), the Fundamentals of Chinese Law course (Beijing Foreign Studies University), The University of Chicago Summer Institute in Law and Economics, The University of Chicago Law School. Co-founder and coordinator of The School of US Law and The School of Chinese Law and Culture. Employee of the University of Silesia. Consultant to several law firms, long-time mediator in civil and business cases. Author of more than 100 publications in the field of business law.

 
DOI: 10.33226/0137-5490.2024.3.1
JEL: K49

The purpose of this article is to present selected legal issues concerning the possibility of using artificial intelligence in mediation processes in business cases. The article opens with brief remarks succinctly outlining the genesis of the concept of artificial intelligence and the different approaches to it on the grounds of various scientific disciplines. The advantages and drawbacks of using artificial intelligence in the role of a mediator and as a tool used by a mediator in mediation proceedings are also discussed. The author also presents the potential dangers of using artificial intelligence in mediation proceedings from the perspective of the principles governing it, emphasizing the importance of interpersonal relations and communication (verbal and non-verbal) between the parties in the course of mediation.

Keywords: alternative dispute resolution; ADR; mediation; artificial intelligence
DOI: 10.33226/0137-5490.2023.1.1
JEL: K20

The subject of the article is the legal regulation of the statutory limitation of the time of entrepreneurial control, starting from the original normalization in the Law on Freedom of Economic Activity, and ending with the current wording in this regard of the Law on Entrepreneurs. The author points out the motives for shaping the solutions adopted over time, the evolution of the approach to the issue of limiting the time of entrepreneurial control and the effects of the changes undertaken. He also highlights the discrepancy between the formal terminology of the laws and the solutions adopted in them. Since the issue of the entrepreneur's control time limit remains in close connection with other solutions in the field of control proceedings, the author also refers to exceptions to inspection time limits, the legal exceeding of statutory limits, the extension of control time, and the key concept of "working day" when determining the control time limit, also drawing attention to potential difficulties in the practice of application and interpretation of the regulations.

Keywords: entrepreneur's inspection time; entrepreneur's inspection limits; interruption of inspection time; legally exceeding inspection time limits; extension of inspection time
DOI: 10.33226/0137-5490.2020.10.2
JEL: K40

The purpose of the article is to present the mediation proceedings in economic matters in China. It is based on the long history of the Middle Kingdom and the specific principles of social coexistence. The article presents the development of mediation proceedings in China and the values that guide these proceedings, giving them a specific character. It discusses the principles of Chinese mediation and the course of mediation, its types. Article also underlines relatively weak attachment to the rule of law, for the sake of maintaining social stability, which is considered to be the most important in China.

Keywords: mediation; Chinese model of mediation procedure; values determining mediation proceedings in China; evolution of mediation proceedings in China