Comparative Guides
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Results: 4 Answers
International Arbitration
1.
Legal framework
1.1
What is the relevant legislation on arbitration in your jurisdiction? Are there any significant limitations on the scope of the statutory regime – for example, does it govern oral arbitration agreements?
 
Poland
Arbitration is regulated at the basic statutory level in Part 5 of the Polish Civil Procedure Code (CPC). More specific regulations are included in the statutes of particular arbitration courts (eg, the statutes of the Court of Arbitration at the Polish Chamber of Commerce). Under the provisions of the CPC, an arbitration agreement must be concluded in writing.

For more information about this answer please contact: Jakub Kaczmarek from Schoenherr Attorneys at Law
1.2
Does this legislation differentiate between domestic arbitration and international arbitration? If so, how is each defined?
 
Poland
The provisions of Polish law regulate domestic arbitration only and there are few references to proceedings pending abroad. Where an award is issued abroad or a settlement agreement is made before an arbitral tribunal abroad, the Polish courts will decide on the recognition or enforcement thereof following a hearing.

For more information about this answer please contact: Jakub Kaczmarek from Schoenherr Attorneys at Law
1.3
Is the arbitration legislation in your jurisdiction based on the UNCITRAL Model Law on International Commercial Arbitration?
 
Poland
Yes, following major amendments to the CPC in 2005, the Polish provisions on arbitration have been harmonised with the UNCITRAL Model Law on International Commercial Arbitration.

For more information about this answer please contact: Jakub Kaczmarek from Schoenherr Attorneys at Law
1.4
Are all provisions of the legislation in your jurisdiction mandatory?
 
Poland
Numerous provisions of the law have mandatory application, but there are also many which are left up to the parties, such as those regarding the choice of governing law and procedure or the appointment of the arbitrators.

For more information about this answer please contact: Jakub Kaczmarek from Schoenherr Attorneys at Law
1.5
Are there any current plans to amend the arbitration legislation in your jurisdiction?
 
Poland
The latest significant amendments to the CPC were introduced in 2016. Currently, no further amendments are planned.

For more information about this answer please contact: Jakub Kaczmarek from Schoenherr Attorneys at Law
1.6
Is your jurisdiction a signatory to the New York Convention? If so, have any reservations been made?
 
Poland
Yes, Poland ratified the New York Convention in 1961 and formulated the reservations as specified in Article I, Section 3 - that is, the reservation of reciprocity and a condition that arbitration awards which may be recognised or enforced under the convention must involve commercial disputes as understood under Polish law. However, these reservations were not repeated upon ratification of the convention. It is therefore a matter of controversy as to whether Poland is a signatory to the convention with or without reservations.

For more information about this answer please contact: Jakub Kaczmarek from Schoenherr Attorneys at Law
1.7
Is your jurisdiction a signatory to any other treaties relevant to arbitration?
 
Poland
Poland is a signatory to the following conventions:

  • the European Convention on International Trade Arbitration, signed in Geneva on 21 April 1961;
  • the Protocol on Arbitration Clauses, signed in Geneva on 24 September 1923; and
  • the Washington Convention, signed on 18 March 1965.
For more information about this answer please contact: Jakub Kaczmarek from Schoenherr Attorneys at Law