Comparative Guides
Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.
Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.
Start by selecting your Topic of interest below. Then choose your Regions and finally refine the exact Subjects you are seeking clarity on to view detailed analysis provided by our carefully selected internationally recognised experts.
Results: 4 Answers
International Arbitration
9.
The role of the court during an arbitration
9.1
Will the court in your jurisdiction stay proceedings and refer parties to arbitration if there is an arbitration agreement?
 
Poland
If there is an arbitration agreement, the court must reject a statement of claim if the defendant or respondent invokes the arbitration agreement before defending on the merits of the case.

For more information about this answer please contact: Jakub Kaczmarek from Schoenherr Attorneys at Law
9.2
Does the court in your jurisdiction have any powers in relation to an arbitration seated in your jurisdiction and/or seated outside your jurisdiction? What are these powers? Under what conditions are these powers exercised?
 
Poland
The court’s obligation to reject a statement of claim also applies if the seat of arbitration is outside Poland or has not been determined.

The powers of the court include the power to decide on the statutory grounds for refusing recognition or enforcement, and on the recognition or enforcement of an award issued abroad or a settlement agreement made before a tribunal abroad (following a hearing).

For more information about this answer please contact: Jakub Kaczmarek from Schoenherr Attorneys at Law
9.3
Can the parties exclude the court's powers by agreement?
 
Poland
The parties have no such entitlement.

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