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Polish Legal Framework of Arbitration Overhauled - WAMR 2006 Vol. 17, No. 1

Author(s): 
Adam Sulkowski
Andrzej Tynel
Page Count: 
4 pages
Media Description: 
PDF from World Arbitration and Mediation Report (WAMR) 2006 Vol. 17, No. 1
Published: 
January, 2006
Jurisdictions: 
Poland,
International
Practice Areas: 
Composition of Arbitral Tribunal,
Arbitrability,
Capacity of Parties,
New York Convention,
UNCITRAL Model Law
Author Detail: 

 

Adam J. Sulkowski, Assistant Professor, Charlton College of Business University of Massachusetts, Dartmouth
 
Dr. Andzrej Tynel, Baker & McKenzie, Warsaw, Poland

PDF101.31 KB

$40.00
Description: 

 

 
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News Abroad
Polish Legal Framework of Arbitration Overhauled
 
by Adam J. Sulkowski,
Assistant Professor, Charlton College of Business
University of Massachusetts, Dartmouth
&
Dr. Andzrej Tynel
Baker & McKenzie, Warsaw, Poland
 
In Poland, both domestic and international arbitrations are
regulated by the Civil Procedure Code, enacted in 1964. A completely
new set of regulations concerning arbitration were passed on July 28,
2005, and have been in effect since October 2005. The references below
are to the new articles introduced into the Civil Procedure Code.
 
The new regulations are based on the UNCITRAL Model Law and
eliminate many restrictions on the freedom of parties to arbitrate. U.S.
legal practitioners and their clients will find that, in several respects, the
new Polish regulations resemble the contemporary U.S. legal regulation to
arbitration and are favorable of alternative dispute resolution.
Some new provisions clarify previously ambiguous issues:
 
• Powers of attorney will now include the power
to enter into binding arbitration agreements (art.
1167).
 
• Courts will be able to nullify contractual
provisions that give unequal power to parties to
an agreement, especially provisions that entitle
only one party to opt for arbitration.
Several noteworthy changes are related to the arbitrability of
disputes: