Comparative Guides
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Results: 4 Answers
International Arbitration
4.
Objections to jurisdiction
4.1
When must a party raise an objection to the jurisdiction of the tribunal and how can this objection be raised?
 
Poland
A party should raise an objection to jurisdiction in its statement of defence or at any other time specified by the parties, as long as the party did not learn and could not reasonably have learned of the grounds for such objection before that time, or such grounds arose later.

For more information about this answer please contact: Jakub Kaczmarek from Schoenherr Attorneys at Law
4.2
Can a tribunal rule on its own jurisdiction?
 
Poland
The arbitral tribunal may rule on its own jurisdiction, including on the existence, validity or effectiveness of the arbitration agreement.

For more information about this answer please contact: Jakub Kaczmarek from Schoenherr Attorneys at Law
4.3
Can a party apply to the courts of the seat for a ruling on the jurisdiction of the tribunal? In what circumstances?
 
Poland
If the arbitral tribunal dismisses the objection, either party may, within two weeks of being served with the decision, seek a ruling from a court on the issue. The initiation of court proceedings does not stay the arbitration. The court’s decision may be appealed.

For more information about this answer please contact: Jakub Kaczmarek from Schoenherr Attorneys at Law