International Commercial Arbitration at Poland
Sure! Here’s a detailed overview of International Commercial Arbitration in Poland:
International Commercial Arbitration at Poland
1. Legal Framework
Poland’s arbitration law is primarily governed by the Act of 23 September 2005 on Arbitration Proceedings and Enforcement of Arbitral Awards (the Polish Arbitration Act).
This Act is largely aligned with the UNCITRAL Model Law on International Commercial Arbitration (1985, with 2006 amendments), which Poland adopted to modernize its arbitration framework.
Poland is also a party to major international treaties relevant to arbitration:
New York Convention (1958) on the recognition and enforcement of foreign arbitral awards.
Geneva Protocol (1924) and Geneva Convention (1927) on arbitration clauses and awards.
2. Scope of Arbitration
The Polish Arbitration Act applies to both domestic and international commercial arbitration.
Arbitration can cover disputes related to commercial contracts, trade, business relationships, and other private law matters.
Public law or administrative disputes are generally excluded.
Parties are free to choose arbitration to resolve disputes involving Polish or foreign entities.
3. Arbitral Institutions in Poland
The most prominent arbitration institution in Poland is the Court of Arbitration at the Polish Chamber of Commerce (Sąd Arbitrażowy przy Krajowej Izbie Gospodarczej), based in Warsaw.
This institution administers both domestic and international arbitrations and has its own set of arbitration rules.
Other notable institutions include:
Stock Exchange Arbitration Tribunal for securities-related disputes.
Some ad hoc arbitrations also take place under UNCITRAL Arbitration Rules or other chosen rules.
4. Key Features of Polish Arbitration Law
Party autonomy is strongly protected. Parties decide on arbitrators, place of arbitration, applicable law, and procedure.
The arbitral tribunal’s jurisdiction (competence-competence principle) is recognized, meaning the tribunal decides on its own jurisdiction.
Polish courts generally support arbitration, with limited grounds to intervene.
Courts may assist with taking evidence, enforcing interim measures, and enforcement of awards.
Interim measures can be ordered by both courts and arbitral tribunals.
The law provides for recognition and enforcement of arbitral awards, both domestic and foreign.
5. Enforcement of Arbitral Awards
Poland is a signatory to the New York Convention, so foreign arbitral awards are generally enforceable in Poland.
Domestic arbitral awards are enforceable through Polish courts after confirmation of the award.
Grounds for refusing enforcement are consistent with international standards, including public policy considerations, lack of due process, or jurisdiction issues.
6. Popular Arbitration Seat
Warsaw is the main seat of arbitration in Poland, with good infrastructure, availability of legal expertise, and an arbitration-friendly judiciary.
Parties often choose Warsaw due to its international connectivity and familiarity with arbitration procedures.
7. Practical Considerations
Polish arbitration is often faster and less formal than court litigation.
Arbitration confidentiality is generally respected, unlike court proceedings which are public.
Arbitration costs vary, but institutional arbitration usually provides clear fee schedules.
Experienced arbitration lawyers and arbitrators are available in Poland, often with international experience.
8. Recent Trends
Poland is actively positioning itself as a hub for international arbitration in Central and Eastern Europe.
There is ongoing development in arbitration practice and reforms to enhance efficiency.
More parties are choosing arbitration to avoid courts, especially in cross-border disputes.
Sample Arbitration Clause for Poland
“Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration under the rules of the Court of Arbitration at the Polish Chamber of Commerce, with the seat of arbitration in Warsaw, Poland. The arbitration proceedings shall be conducted in [language]. The arbitral award shall be final and binding on both parties.”
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