A. LEGISLATION AND RULES A.1 Legislation Arbitration proceedings in Poland continue to be governed by the laws embodied in the Polish Civil Procedure Code. These laws are based on UNCITRAL Model Law[1]. In 2020, no amendments to these laws were made. A.2 Institutions, rules and infrastructure One of the two main institutions administering arbitration proceedings in Poland is the Court of Arbitration at the Polish Chamber of Commerce (SAKIG). This institution provides facilities as well…
On April 22, 2021 the Advocate General issued its opinion in the proceedings before the Court of Justice…
On March 3, 2021 the Advocate General issued its opinion in the proceedings before the Court of Justice…
POLAND Aleksandra Żanowska and Łukasz Zbyszyński A. LEGISLATION AND RULES A.1 Legislation Arbitration proceedings in Poland continue to be governed by the rules embodied in the Polish Civil Procedure Code. These rules are based on UNCITRAL Model Law[1]. In 2020, no amendments to these rules were made. A.2 Institutions, rules and infrastructure There are two main arbitration institutions that administer arbitrations and also provide the rules of arbitration and the facilities where arbitration may be…
The Appellate Court in Warsaw recently [Case No. I ACa 457/18[1]] considered whether the EU state aid regulations…
The Appellate Court in Warsaw [Case No. VII AGa 804/19[1]] considered whether a narrow arbitration clause may be…
For several years there has been turmoil within the EU around the potential termination of bilateral investment treaties (“BITs”) concluded between EU member states, which peaked upon the issuance of the judgment in the case between Slovakia and Achmea by the CJEU on 6 March 2018.[1] In this judgment the CJEU examined the arbitration clause concluded in the Netherlands-Czechoslovakia BIT, and came to the conclusion that this clause was not in line with EU law.…
POLAND Sylwia Piotrowska, Aleksandra Żanowska, and Łukasz Zbyszyński A. LEGISLATION AND RULES A.1 Legislation The Act of 17…
Abstract:Polish Civil Procedure Code is now clear on the arbitrability of corporate matters. Background Polish civil procedure law…
The Appellate Court in Wrocław, Poland [Case No. I ACa 1109/17[1]] considered the question of whether the principle that a case must be examined comprehensively and that doubts must be cleared to the fullest extent possible before the tribunal renders an award constitutes one of the basic principles of Polish public policy. Additionally, the Court analyzed the validity of the appointment of the sole arbitrator and its compliance with the applicable arbitration rules. Background facts…