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.

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4. Results: 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

Answer ... A party should raise an objection to jurisdiction of the tribunal in its statement of defence at the latest, but in any case before entering into a dispute on the merits.

For more information about this answer please contact: Marcin Aslanowicz from Schoenherr Attorneys at Law
4.2
Can a tribunal rule on its own jurisdiction?
Poland

Answer ... 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: Marcin Aslanowicz 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

Answer ... 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: Marcin Aslanowicz from Schoenherr Attorneys at Law
Contributors
Topic
International Arbitration