Comparative Guides
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Results: 4 Answers
International Arbitration
8.
The tribunal
8.1
How is the tribunal appointed?
 
Poland
The parties are free to agree on the procedure for appointing the arbitrators. In the absence of such agreement, the arbitrators are appointed as follows:

  • If the panel is to be composed of an uneven number of arbitrators, each party shall appoint the same number of arbitrators and the arbitrators thus appointed shall appoint the presiding arbitrator. If a party fails to appoint the arbitrator or arbitrators within one month of receipt of a request from the other party to do so, or if the arbitrators appointed by the parties fail to agree on the presiding arbitrator within one month of their appointment, the arbitrator or arbitrators or the presiding arbitrator shall be appointed by the court at the request of any of the parties.
  • If there is to be a sole arbitrator and the parties fail to appoint the arbitrator within one month of receipt of a request that the arbitrator be jointly appointed, the arbitrator shall be appointed by the court at the request of any of the parties.
  • If the panel is to be composed of an even number of arbitrators, each party shall appoint the same number of arbitrators and the arbitrators shall appoint the presiding arbitrator from among themselves. If a party fails to appoint the arbitrator or arbitrators within one month of receipt of a request from the other party to do so, or if the arbitrators appointed by the parties fail to appoint the presiding arbitrator within one month of their appointment, the arbitrator or arbitrators or the presiding arbitrator shall be appointed by the court at the request of any of the parties.
For more information about this answer please contact: Jakub Kaczmarek from Schoenherr Attorneys at Law
8.2
Are there any requirements as to the number or qualification of arbitrators in your jurisdiction?
 
Poland
The parties are free to specify the number of arbitrators in their agreement. In the absence of such determination, the number of arbitrators should be three.

For more information about this answer please contact: Jakub Kaczmarek from Schoenherr Attorneys at Law
8.3
Can an arbitrator be challenged in your jurisdiction? If so, on what basis? Are there any restrictions on the challenge of an arbitrator?
 
Poland
An arbitrator can be challenged upon one party’s request or based on the parties’ mutual decision. An arbitrator may be challenged only if there are circumstances giving rise to justifiable doubts as to his or her impartiality or independence, or if he or she does not possess the required qualifications. A party which appointed or participated in the appointment of an arbitrator may challenge him or her only for reasons which became known to it after the appointment. The parties are free to agree on the procedure for challenging an arbitrator.

For more information about this answer please contact: Jakub Kaczmarek from Schoenherr Attorneys at Law
8.4
If a challenge is successful, how is the arbitrator replaced?
 
Poland
A new (substitute) arbitrator is appointed in accordance with the nomination procedure that applied for the appointment of his or her predecessor.

For more information about this answer please contact: Jakub Kaczmarek from Schoenherr Attorneys at Law
8.5
What duties are imposed on arbitrators? Are these all imposed by legislation?
 
Poland
A general statutory rule of impartiality and independence applies to arbitrators. They are also obliged to disclose to the parties any circumstances likely to give rise to doubts as to their impartiality or independence.

For more information about this answer please contact: Jakub Kaczmarek from Schoenherr Attorneys at Law
8.6
What powers does an arbitrator have in relation to: (a) procedure, including evidence; (b) interim relief; (c) parties which do not comply with its orders; (d) issuing partial final awards; (e) the remedies it can grant in a final award and (f) interest?
 
Poland
(a) Procedure, including evidence?

The arbitral tribunal may hear witnesses, examine documents and make inspections, as well as examine any other necessary evidence. However, it may not apply coercive measures.

Unless otherwise agreed by the parties, the arbitral tribunal may also:

  • appoint one or more experts to provide a report; and
  • require a party to give the expert any relevant information or to produce documents.

(b) Interim relief?

Except as otherwise agreed by the parties, the tribunal may, at the request of a party which has substantiated its claim, grant such interim measures as it considers appropriate considering the matter at issue. When issuing a decision in this regard, the tribunal may make enforcement of an order to grant an interim measure contingent on the provision of appropriate security.

At the request of a party, the tribunal may also vary or set aside an order issued.

(c) Parties which do not comply with its orders?

The tribunal may not apply any coercive measures.

(d) Issuing partial final awards?

While the courts may issue partial judgments and preliminary verdicts, the situation is different in ad hoc arbitration, where the parties themselves determine the rules of conduct. The doctrine assumes that if the parties have not explicitly excluded this option, an ad hoc arbitration court may also make a partial or initial judgment where this is justified by the circumstances of the case. Each party has the right to submit a request for a partial or initial judgment to the tribunal, which alone has the power to decide whether such request should be granted.

(e) The remedies it can grant in a final award?

Generally, the arbitration award should include the determination of the arbitration agreement on the basis of which the verdict was handed down, and the parties’ and arbitrators’ designation, as well as the date and place of its publication.

An arbitration award should also include a decision on the costs of the proceedings (ie, all administrative fees, arbitration fees, remuneration of arbitrators and experts, costs of legal representation and any other costs incurred by the parties). The obligation to adjudicate in the award on the costs of the arbitration proceedings and the extent to which these costs are to be allocated between the parties is highlighted in the regulations of leading permanent arbitration courts.

The regulations do not specify whether the arbitral tribunal may grant the remedies in a final award.

(f) Interest?

The tribunal may award interest on the amount awarded in the judgment.

For more information about this answer please contact: Jakub Kaczmarek from Schoenherr Attorneys at Law
8.7
How may a tribunal seated in your jurisdiction proceed if a party does not participate in the arbitration?
 
Poland
If a party fails to appear at a hearing or to produce documents it is obliged to produce, the tribunal may continue the arbitration and issue an award on the evidence before it, unless that party justifies its failure to appear or act (except where otherwise agreed by the parties).

For more information about this answer please contact: Jakub Kaczmarek from Schoenherr Attorneys at Law
8.8
Are arbitrators immune from liability?
 
Poland
In principle, the arbitrators should bear civil liability for damage caused intentionally, based on the provisions of Polish civil law. Beyond this, however, the parties are free to determine the liability of arbitrators and no provisions regulate this issue. The rule of irresponsibility of arbitrators, excluding cases of intentional guilt, is enshrined in the statutes of the two principal Polish tribunals: the Court of Arbitration of Lewiatan and the Court of Arbitration at the Polish Chamber of Commerce.

Only one provision of the Civil Procedure Code refers to the matter of liability; it provides that an arbitrator who resigns without cause is liable for any resulting damage.

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