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). These rules are based on the UNCITRAL Model Law.[1] In September 2022, the Polish parliament began work on revision of the CPC in the form of the Draft Act. With regard to the arbitration rules, the Draft Act introduces the possibility for the parties to submit a dispute already pending…
A. LEGISLATION AND RULES A.1 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…
On March 3, 2021 the Advocate General issued its opinion in the proceedings before the Court of Justice of the EU (“CJEU”) under case file no. C-741/19[1] (“Opinion”) in favour of the CJEU’s jurisdiction over a request for preliminary ruling to interpret the Energy Charter Treaty (“ECT”) in a case concerning two non-EU parties. Furthermore, the Advocate General presented its view that the offer to arbitrate in the ECT should be considered incompatible with EU…
POLAND Aleksandra Żanowska and Łukasz Zbyszyński 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…
The Appellate Court in Warsaw [Case No. VII AGa 804/19[1]] considered whether a narrow arbitration clause may be a reason for rejecting a set-off argument raised by a respondent in arbitration proceedings if the basis of the set-off claim is not covered by the arbitration clause. The Court found that in case of a set-off executed outside of the proceedings, there is no reason to exclude a defense based on this circumstance from the arbitral…
For several years there has been turmoil within the EU around the potential termination of bilateral investment treaties…
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 has recently been subject to a wave of amendments. They were various in nature, purpose and magnitude. Some were just a confirmation of already established practice, and others could be classified as a reform of the core of the Polish civil court system. All of them, however, were promoted as aiming to ease bureaucracy and make legal…