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
6.
Applicable law issues
6.1
How is the law of the arbitration agreement determined in your jurisdiction?
Poland

Answer ... The Polish courts have domestic jurisdiction in cases governed by Polish law if the seat of arbitration is in Poland. The Polish courts also have domestic jurisdiction if Polish law provides for court action related to arbitration whose seat is outside Poland or has not been determined.

For more information about this answer please contact: Marcin Aslanowicz from Schoenherr Attorneys at Law
6.2
Will the tribunal uphold a party agreement as to the substantive law of the dispute? Where the substantive law is unclear, how will the tribunal determine what it should be?
Poland

Answer ... The parties are solely authorised to decide on the seat of arbitration, which, under Polish law, determines the jurisdiction of the Polish courts. No specific provision is applicable when the substantive law is unclear; in such case, the rules on lack of choice of seat of arbitration apply (see question 12).

For more information about this answer please contact: Marcin Aslanowicz from Schoenherr Attorneys at Law
Contributors
Topic
International Arbitration