A. LEGISLATION AND RULES A.1 Legislation International arbitration in Poland continues to be governed by the rules embodied in the Polish Civil Procedure Code (CPC), to which there have been no legislative amendments. These rules are based on the UNCITRAL Model Law. A.2 Institutions, rules and infrastructure The two main local arbitration institutions in Poland are: the Court of Arbitration at the Polish Chamber of Commerce (PCC) and the Court of Arbitration at the Polish…
A. LEGISLATION AND RULES A.1 Legislation International arbitration in Poland continues to be governed by the rules embodied…
A. LEGISLATION AND RULES A.1Â Â Â Â Â Â Legislation Arbitration proceedings in Poland continue to be governed by the laws embodied…
On April 22, 2021 the Advocate General issued its opinion in the proceedings before the Court of Justice of the EU (“CJEU”) under case file no. C-109/20[1] (“Opinion”). The Advocate General dealt with the question whether an EU Member State can implicitly agree to investment arbitration under a BIT if the EU Member State fails to object to the jurisdiction of the Tribunal. The Advocate General concluded, taking into account the Achmea Judgment,[2] that such…
On March 3, 2021 the Advocate General issued its opinion in the proceedings before the Court of Justice…
POLAND Aleksandra Ć»anowska and Ćukasz ZbyszyĆski A. LEGISLATION AND RULES A.1 Legislation Arbitration proceedings in Poland continue to…
The Appellate Court in Warsaw recently [Case No. I ACa 457/18[1]] considered whether the EU state aid regulations form part of the Polish public policy, when considering an application to set aside an arbitral award. The Court decided that EU competition law has to be taken into account when considering the issue of breach of public policy by an arbitral award. Background facts The Claimant – a joint-stock SPV – and the Respondent – the…
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…
POLAND Aleksandra Ć»anowska, and Ćukasz ZbyszyĆski A. LEGISLATION AND RULES A.1 Legislation The Act of 17 November 1964 – Code of Civil Procedure, which governs arbitration in Poland, has undergone a couple of changes aimed mostly at resolving interpretational controversies arising in the jurisprudence and in the academia. The most important changes concern the arbitrability of disputes under Polish law. The amendment to article 1163 of the Code of Civil Procedure has explicitly confirmed that…