Originially from: World Arbitration and Mediation Review (WAMR)

Arbitration in Poland Today: Some Remarks
By Dr. Tadeusz Szurski. Dr. Szurski is President of the Court of Arbitration at
the Polish Chamber of Commerce in Warsaw. Editor’s note: This is the first of
several overviews by Dr. Szurski of arbitration in Eastern Europe.
Poland, like other countries of the former Council of Mutual Economic
Assistance, favored arbitration in the resolution of foreign trade disputes during
the 40 years of so-called socialist economic rule. The law on arbitration (CCP
Book III, Articles 697-715) was from the outset sufficiently well-developed,
particularly in comparison with the laws of most other CMEA countries, to
constitute a flexible basis for the conduct of arbitrations in Poland.
Despite the sufficiency of the existing law, a Polish Legal Reform Commission
created several years ago is considering several modifications. A Working Group
within the commission has drafted amendments to the existing law based on
provisions in the UNCITRAL Model Law, and a separate draft law is being
prepared that would implement the UNCITRAL Model Law in its entirety. For
various reasons, however, it is difficult to foresee when these drafts will be
enacted by the Parliament.
Free-Market Economy Raises
The transition to a free-market has increased interest in arbitration, although
new problems are emerging, as well. In spite of the established tradition among
former foreign trade organizations of using arbitration, there is an evident lack of
familiarity with international commercial arbitration, not only among newly
created private firms, but also on the part of attorneys, particularly those who
practiced as “in-house” counsel to former “socialized economic units” (except
foreign trade organizations) or those who represented private persons in civil
matters.
As a result, many contracts involving newly created companies or private
businessmen either do not contain arbitration clauses or contain clauses drafted in
a way that may create serious doubts as to their meaning or even validity.
Of the courts involved in resolving international commercial disputes in Poland,
only the Court of Arbitration at the Polish Chamber of Commerce in Warsaw is
engaged in general commercial arbitration practice. Other international tribunals,
such as the International Court of Arbitration for Marine and Inland Navigation
Disputes and the Court of Arbitration of the Cotton Association, are active only in
specialized fields.