1 Legal framework
1.1 What is the relevant legislation on arbitration in your jurisdiction? Are there any significant limitations on the scope of the statutory regime – for example, does it govern oral arbitration agreements?
Arbitration in Poland is governed by Part V, Articles 1154–1217 of the Code of Civil Procedure of 17 November 1964 (as amended). It regulates all key aspects of domestic and international arbitration seated in Poland, including:
- the arbitration agreement;
- the appointment of arbitrators;
- the conduct of proceedings;
- the issuance of awards;
- the setting aside of awards; and
- enforcement by the state courts.
Major amendments were introduced in 2015 (limiting post-arbitral proceedings to one instance) and 2019 (making corporate disputes arbitrable).
Additional regulations are set out in the Act on Trade Inspection of 15 December 2000 (as amended), which provides for the establishment of permanent consumer arbitration courts to resolve disputes between consumers and business entities. In particular, it provides for arbitration in disputes between banks and consumers.
1.2 Does this legislation differentiate between domestic arbitration and international arbitration? If so, how is each defined?
Part V of the Code of Civil Procedure creates a single, unified framework for arbitration in Poland. The distinction between domestic and international arbitration arises only in enforcement and practical application, not in the statutory text itself.
1.3 Is the arbitration legislation in your jurisdiction based on the UNCITRAL Model Law on International Commercial Arbitration?
The Polish arbitration framework, which is largely based on the UNCITRAL Model Law and the New York Convention, ensures:
- party autonomy;
- procedural fairness; and
- compatibility with international arbitration standards.
1.4 Are all provisions of the legislation in your jurisdiction mandatory?
Arbitration in Poland is primarily contractual and flexible. Most provisions are dispositive, but the provisions on procedural fairness, arbitrability, the form of the arbitration agreement and judicial oversight are mandatory and cannot be excluded or modified by agreement.
The parties are free to determine:
- the rules of procedure;
- the composition of the tribunal;
- the seat of the arbitration;
- the language of the arbitration; and
- the law applicable to both the merits and the arbitration itself (Articles 1184(1)–(2) of the Code of Civil Procedure).
The statutory provisions serve mainly as default rules, applying only where the parties or the chosen arbitral institution have not agreed otherwise.
Mandatory clauses protect fundamental procedural guarantees and public policy. These include the provisions on:
- equal treatment and the right to be heard (Article 1183);
- arbitrability limits (Article 1157);
- the written form of the arbitration agreement (Article 1162 §1);
- judicial control and court assistance (Articles 1171 § 2, 1176 § 2, 1177 § 2, 1178 § 2, 1179 § 2, 1180 § 3, 1181 § 3, 1192);
- non-modifiable grounds for setting aside an award (Article 1206); and
- the public policy exception (Articles 1206 §2(2), 1214 §3(2)).
1.5 Are there any current plans to amend the arbitration legislation in your jurisdiction?
There are currently no plans for any amendments.
1.6 Is your jurisdiction a signatory to the New York Convention? If so, have any reservations been made?
Poland is a party to the 1958 New York Convention and generally enforces foreign arbitral awards. It made two standard reservations – the convention applies to:
- awards from other contracting states; and
- commercial disputes under Polish law.
These are routine clarifications and do not affect most international arbitration cases.
1.7 Is your jurisdiction a signatory to any other treaties relevant to arbitration?
Besides the New York Convention (1958), Poland is a party to other arbitration-related treaties, including:
- the European Convention on International Commercial Arbitration (1961);
- the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (1965); and
- numerous bilateral investment treaties, all of which support the recognition and enforcement of foreign and investment awards.
2 Arbitrability and restrictions on arbitration
2.1 How is it determined whether a dispute is arbitrable in your jurisdiction?
Parties may arbitrate disputes concerning property rights (except maintenance/alimony cases) and disputes concerning non-property rights, if such disputes may be settled by court settlement. The scope of arbitrable cases is broad – it has included corporate disputes since 2019.
2.2 Are there any restrictions on the choice of seat of arbitration for certain disputes?
The seat of arbitration may be within or outside Poland. Indicating the seat is not mandatory. Hearings may be held remotely. The award must indicate the place where it was issued.
3 Arbitration agreement
3.1 What are the validity requirements for an arbitration agreement in your jurisdiction?
In principle, the agreement should be made in writing (although there are dissenting opinions on this point). An electronic form is permitted. The parties must specify:
- the subject matter of the dispute; or
- the legal relationship from which the dispute has arisen or may arise.
The parties may also designate a permanent arbitration court as the body that is competent to resolve the dispute.
In practice, parties frequently determine:
- the seat of arbitration;
- the language of the arbitration;
- the applicable rules; and
- the substantive law.
3.2 Are there any provisions of legislation or any other legal sources in your jurisdiction concerning the separability of arbitration agreements?
Not explicitly under statute, but the separability doctrine is recognised in practice.
3.3 Are there provisions on the seat and/or language of the arbitration if there is no agreement between the parties?
If the seat and/or language are not specified, the tribunal will determine them.
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?
No later than in the statement of defence or within another timeframe agreed by the parties, unless:
- before the expiry of that timeframe a party did not know and, exercising due diligence, could not have known the grounds for such an objection; or
- those grounds arose only after that timeframe had expired.
4.2 Can a tribunal rule on its own jurisdiction?
Yes. The kompetenz-kompetenz doctrine applies.
4.3 Can a party apply to the courts of the seat for a ruling on the jurisdiction of the tribunal? In what circumstances?
Yes. If the arbitral tribunal rejects the jurisdictional objection, either party may, within two weeks of the date on which the ruling was served, apply to the court for a decision on that issue.
5 The parties
5.1 Are there any restrictions on who can be a party to an arbitration agreement?
No, but the parties must have full legal capacity to conclude the agreement.
5.2 Are the parties under any duties in relation to the arbitration?
According to doctrine, the parties must:
- pay the arbitrators' remuneration; and
- reimburse their expenses.
5.3 Are there any provisions of law which deal with multi-party disputes?
Not specifically, but multi-party arbitration is recognised.
6 Applicable law issues
6.1 How is the law of the arbitration agreement determined in your jurisdiction?
There are no separate regulations. The agreement is interpreted as a standard contract. Both the applicable arbitration rules and the substantive law may be determined by the parties.
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?
The will of the parties prevails. If the applicable substantive law is unclear, the tribunal will determine it. Ruling under general principles of law or equity is permitted only if expressly authorised by the parties.
7 Consolidation and third parties
7.1 Does the law in your jurisdiction permit consolidation of separate arbitrations into a single arbitration proceeding? Are there any conditions which apply to consolidation?
Not explicitly, but it is possible – especially under the rules of permanent arbitration courts.
7.2 Does the law in your jurisdiction permit the joinder of additional parties to an arbitration which has already commenced?
Not explicitly, but it is not excluded.
7.3 Does an arbitration agreement bind assignees or other third parties?
It may bind shareholders when included in the articles of association. In such cases, a future shareholder becomes a party to the arbitration agreement.
8 The tribunal
8.1 How is the tribunal appointed?
By the parties. If no specification is made, the arbitral tribunal will consist of three arbitrators. In multi-member tribunals, the arbitrators will appoint the presiding arbitrator.
8.2 Are there any requirements as to the number or qualification of arbitrators in your jurisdiction?
There are no such requirements. In practice, tribunals usually consist of three members.
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?
An arbitrator may be challenged on the grounds of a lack or violation of impartiality and/or independence. The parties may also jointly revoke an arbitrator for any reason. Unless otherwise agreed, a party requesting disqualification must do so within two weeks of learning of:
- the arbitrator's appointment; or
- the circumstances affecting their impartiality or independence.
8.4 If a challenge is successful, how is the arbitrator replaced?
In the same manner as was originally provided for the appointment of the arbitrator.
8.5 What duties are imposed on arbitrators? Are these all imposed by legislation?
The core duty to issue an award is not explicitly legislated. Obligations to maintain authority, impartiality, independence and procedural efficiency can be derived from the statute.
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?
(a) Procedure, including evidence?
The arbitrators:
- manage the procedure;
- schedule hearings;
- admit evidence; and
- set deadlines.
(b) Interim relief?
The arbitrators have the power to order interim relief unless the parties have agreed otherwise.
(c) Parties which do not comply with its orders?
The tribunal may issue procedural orders if the parties have agreed to this.
(d) Issuing partial final awards?
The arbitrators have the power to issue final awards.
(e) The remedies it can grant in a final award?
The award addresses the merits of the case. There are no statutory restrictions on the types of remedies that may be granted.
(f) Interest?
The arbitrators have the power to award interest.
8.7 How may a tribunal seated in your jurisdiction proceed if a party does not participate in the arbitration?
The tribunal has no coercive power, but non-participation may result in negative procedural consequences.
8.8 Are arbitrators immune from liability?
Not by statute. However, permanent arbitration courts include indemnification clauses in their regulations.
9 The role of the court during an arbitration
The state court may:
- issue interim relief;
- decide on the exclusion of an arbitrator;
- appoint a presiding arbitrator, if he/she is not appointed by the third party as agreed; or
- review the tribunal's decision on its own jurisdiction.
9.1 Will the court in your jurisdiction stay proceedings and refer parties to arbitration if there is an arbitration agreement?
Strictly speaking, no – it should reject the claim. However, if the parties agree to arbitrate while litigation is pending, the state court must discontinue the proceedings.
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?
The courts may:
- decide on the recognition or enforcement of arbitral awards issued both in Poland and abroad; and
- set aside domestic awards.
9.3 Can the parties exclude the court's powers by agreement?
No. Statutory provisions are binding.
10 Costs
10.1 How will the tribunal approach the issue of costs?
In the absence of explicit statutory regulation, it mostly depends on the parties. Permanent arbitration courts have their own cost allocation rules.
10.2 Are there any restrictions on what the parties can agree in terms of costs in an arbitration seated in your jurisdiction?
No.
11 Funding
11.1 Is third-party funding permitted for arbitrations seated in your jurisdiction?
There are no statutory restrictions.
12 Award
12.1 What procedural and substantive requirements must be met by an award?
The award must comply with the parties' choice of substantive and procedural law. It must be made in writing and signed. A reasoned decision (justification) is required.
12.2 Must the award be produced within a certain timeframe?
Not by statute, but the parties may set a deadline for issuing the award.
13 Enforcement of awards
13.1 Are awards enforced in your jurisdiction? Under what procedure?
Yes – under the Code of Civil Procedure (Articles 1212-1217), which governs the recognition and enforcement of both domestic and foreign arbitral awards.
14 Grounds for challenging an award
14.1 What are the grounds on which an award can be challenged, appealed or otherwise set aside in your jurisdiction?
Polish law permits only an application to set aside the award. The grounds are listed in Article 1206 of the Code of Civil Procedure.
14.2 Are there are any time limits and/or other requirements to bring a challenge?
It must be filed in writing:
- within two months of the date of service of the award; or
- if a party has requested supplementation, correction or interpretation, within two months of the date on which the arbitral tribunal issued its decision in relation to that request.
14.3 Are parties permitted to exclude any rights of challenge or appeal?
No. Such clauses are ineffective and have no legal effect.
15 Confidentiality
15.1 Is arbitration seated in your jurisdiction confidential? Is a duty of confidentiality found in the arbitration legislation?
Not by statute. The parties may include a confidentiality clause in the arbitration agreement. In practice, arbitration remains strictly confidential.
15.2 Are there any exceptions to confidentiality?
Only if agreed by the parties.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
